THIS BOOK CHALLENGES THE NEAR-UNIVERSAL ACCEPTANCE OF A US-STYLE,
WESTERN CONSTITUTIONAL PARADIGM AS THE BEST BASIS FOR COMPARATIVE
CONSTITUTIONAL STUDIES.
It does so on three main grounds: anachronism, 'othering' and cultural
specificity. Main pillars of 'convergent constitutional theory' are
rooted in the revolutionary, late-eighteenth century – a lost world;
constitutional arrangements that deviate from the paradigm are often
branded as 'outliers' or even as not constitutional at all; and the
foundations of the paradigm in liberal democracy give no space for
other forms of constitutionalism. Whatever the attractions of
convergent theory as a normative ideal of good government, for the
purposes of understanding, analysing and explaining constitutional
systems it is far from ideal.
This book discusses and questions: convergent theory's weddedness to
writing as the technology of constitution-making; its image of a
constitution as fundamental law; its idea that a constitution
expresses the 'sovereignty of the people'; its use of tripartite
separation of powers as the basic principle of institutional design;
its relative neglect of administrative law; its association of
'rights' with judicially enforceable bills of rights; and its
obsession with a vaguely specified concept of 'democracy'.
It makes suggestions for alternative, preferable methods of
understanding, analysing and explaining constitutions, and
governmental and constitutional systems.
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Produktdetaljer
ISBN
9781509988457
Publisert
2025
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter