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Hart Publishing The Distorting Lens of Convergent Constitutional Theory (Hart Studies in Constitutional Theory)

Name: The Distorting Lens of Convergent Constitutional Theory (Hart Studies in Constitutional Theory)
Brand: Hart Publishing

Law

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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.

Product Specifications

Brand: Hart Publishing
Format: hardcover
ASIN: 1509988467
Category: Books > Subjects > Business, Finance & Law > Law
Domain: Amazon UK
Release Date: 24 July 2025
Listed Since: 22 January 2025

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Hart Publishing The Distorting Lens of Convergent Constitutional Theory (Hart Studies in Constitutional Theory)

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