{"product_id":"the-distorting-lens-of-convergent-constitutional-theory-9781509988464","title":"The Distorting Lens of Convergent Constitutional Theory","description":"\u003cp\u003e\u003cb\u003eThis book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies.\u003c\/b\u003e \u003c\/p\u003e\u003cp\u003e\u003c\/p\u003eIt 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. \u003cp\u003e\u003c\/p\u003eThis 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'. \u003cp\u003e\u003c\/p\u003eIt makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eAbout the Author\u003c\/b\u003e\u003cbr\u003e\u003cb\u003ePeter Cane\u003c\/b\u003e is Emeritus Distinguished Professor of Law at the Australian National University College of Law, and before that a Professor of Law at Corpus Christi College, Oxford.\u003cbr\u003e","brand":"Hart Publishing","offers":[{"title":"Default Title","offer_id":51623561527570,"sku":"9781509988464","price":120.99,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0831\/4771\/8930\/files\/img_9c351202-bf81-4cc9-9c95-1a293b3aabf4.jpg?v=1758640176","url":"https:\/\/surprise-castle.myshopify.com\/products\/the-distorting-lens-of-convergent-constitutional-theory-9781509988464","provider":"Surprise Castle","version":"1.0","type":"link"}