The Distorting Lens of Convergent Constitutional Theory

Name: The Distorting Lens of Convergent Constitutional Theory
Brand: Bloomsbury Publishing
SKU: 07220785

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7610329The Distorting Lens of Convergent Constitutional Theoryhttps://www.gandhi.com.mx/the-distorting-lens-of-convergent-constitutional-theory-9781509988457/phttps://gandhi.vtexassets.com/arquivos/ids/7235524/image.jpg?v=63886720335570000017251916MXNBloomsbury PublishingInStock/Ebooks/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 theorys 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....7220785The Distorting Lens of Convergent Constitutional Theory17251916https://www.gandhi.com.mx/the-distorting-lens-of-convergent-constitutional-theory-9781509988457/phttps://gandhi.vtexassets.com/arquivos/ids/7235524/image.jpg?v=638867203355700000InStockMXN99999DIEbook20259781509988457_W3siaWQiOiJhNzNjOGQ0Yy1jZjliLTQ5YjYtYjkxMy1kOTE4ZTg4M2IwY2UiLCJsaXN0UHJpY2UiOjE5MTYsImRpc2NvdW50IjoxOTEsInNlbGxpbmdQcmljZSI6MTcyNSwiaW5jbHVkZXNUYXgiOnRydWUsInByaWNlVHlwZSI6Ildob2xlc2FsZSIsImN1cnJlbmN5IjoiTVhOIiwiZnJvbSI6IjIwMjUtMDctMjRUMDA6MDA6MDBaIiwicmVnaW9uIjoiTVgiLCJpc1ByZW9yZGVyIjpmYWxzZX1d9781509988457_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 theorys 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....9781509988457_Bloomsbury Publishinglibro_electonico_9781509988457_9781509988457Professor PeterInglésMéxico2025-07-24T00:00:00+00:002025-07-24T00:00:00+00:00Bloomsbury Publishing