The Distorting Lens of Convergent Constitutional Theory

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 details

• Authors: Peter Cane, Professor Peter (University of Cambridge Cane
• Publisher: Hart Publishing
• Languages: English
• Product format: Hardback
• Released: 24.07.2025
• EAN: 9781509988464
• ISBN: 978-1-5099-8846-4
• No. of pages: 152
• Dimensions: 156 mm x 238 mm x 14 mm
• Series: Hart Studies in Constitutional Theory
• Subjects: Social sciences, law, business > Law > International law, foreign law; Asia, LAW / Constitutional, LAW / Comparative, comparative law, Constitutional & administrative law, Constitutional and administrative law: general