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Constitutional Mythologies - New Perspectives on Controlling the State (Hardcover, 2011 ed.)
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Constitutional Mythologies - New Perspectives on Controlling the State (Hardcover, 2011 ed.)
Series: Studies in Public Choice, 23
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Our societies obviously rest on common beliefs. These "myths" are
tools that help us to develop and build common identities; they
form the structure around which societies function. This does not
imply that these beliefs are "true," in the sense that they would
be supported by empirical facts. In social matters, myths have
undoubtedly important functions to play even if no empirical facts
support them. On the other hand, and precisely because they are not
discussed, myths may be problematic: they may create illusions,
conserve structures that are inefficient and unable to improve the
situation of citizens. This is particularly true with
constitutions. Constitutions are very important for societies: a
constitution is a document - even in societies based on "unwritten"
constitutions - which binds citizens together, creating unity among
them, and which forms the framework within which our activities
take place. As Nobel Prize laureate James Buchanan used to say:
constitutions contain the rules of the social game we play in our
everyday life. However, constitutions are not frequently debated by
citizens. This is why we end up with common beliefs about these
constitutions: they are above our heads, around us. We take them,
their role, function, and nature as given. The purpose of this
volume to investigate and challenge common constitutional myths.
Featuring contributions from prominent economists, political
scientists, and legal scholars, the chapters in this volume address
such myths as "constitutions are binding social contracts,"
"constitutions are economic documents" and "constitutions are legal
documents." Illustrating their analyses with historical and
contemporary examples from the United States, Canada, and Europe,
the authors build a multi-layered approach to understanding
constitutions and their implications for social and political
influence.
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