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Constitutional Violence - Legitimacy, Democracy and Human Rights (Paperback)
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Constitutional Violence - Legitimacy, Democracy and Human Rights (Paperback)
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If constitutional legitimacy is based on violence, what does this
mean for democracy? Almost every state in the world has a written
constitution and, for the great majority, the constitution is the
law that controls the organs of the state. But is a constitution
the best device to rule a country? Western political systems tend
to be 'constitutional democracies', dividing the system into a
domain of politics, where the people rule, and a domain of law, set
aside for a trained elite. Legal, political and constitutional
practices demonstrate that constitutionalism and democracy seem to
be irreconcilable. Antoni Abat i Ninet strives to resolve these
apparently exclusive public and legal sovereignties, using their
various avatars across the globe as case studies. He challenges the
American constitutional experience that has dominated western
constitutional thought as a quasi-religious doctrine. And he argues
that human rights and democracy must strive to deactivate the
'invisible' but very real violence embedded in our seemingly
sacrosanct constitutions. It challenges the legitimacy of
constitutional systems. It reveals how constitutions are sometimes
violently enforced. Provocative case studies show how Ninet's
theory is played out in practice.
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