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The distorting lens of convergent constitutional theory /

Cane, Peter,

The distorting lens of convergent constitutional theory / Peter Cane. - 1. - x, 139 pages. 24 cm. - Hart studies in constitutional theory; vol 9 .

Foreword, Charles Barzun (University of Virginia School of Law, USA), Maartje de Visser (Singapore Management University), and Matthias Klatt (University of Graz, Austria) -
1. Introduction -
2. Constitutional Writing -
3. Constitutional Fundamentalism -
4. Popular Sovereignty -
5. Institutional Structure: Separation of Powers -
6. Constitutional Law and Administrative Law -
7. Rights -
8. Democracy -
9. Conclusion.

"This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. Main pillars of this '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 not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. This book dives into the theory and it makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems"--

9781509988464

2025934351


Constitutional law
Law Philosophy
Constitutional & administrative law
Comparative law

342 CAN