The Distorting Lens of Convergent Constitutional Theory (Hardcover)

Hardcover. 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. Challenges the near-universal acceptance of a US-style Western constitutional paradigm as the best basis for comparative constitutional studies Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…