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This thought-provoking book investigates the increasingly important
subject of constitutional idolatry and its effects on democracy.
Focused around whether the UK should draft a single written
constitution, it suggests that constitutions have been drastically
and persistently over-sold throughout the years, and that their
wider importance and effects are not nearly as significant as
constitutional advocates maintain. Analysing a number of issues in
relation to constitutional performance, including whether these
documents can educate the citizenry, invigorate voter turnout, or
deliver 'We the People' sovereignty, the author finds written
constitutions consistently failing to meet expectations. This
innovative book also examines how constitutional idolatry may
frustrate and distort constitutional change, and can lead to strong
forms of constitutional paternalism emerging within the state.
Ultimately, the book argues that idolising written constitutions is
a hollow endeavour that will fail to produce better democratic
outcomes or help solve increasingly complicated societal problems.
Engaging and accessible, Constitutional Idolatry and Democracy will
be a key resource for both new and established scholars interested
in comparative constitutional law, constitutional theory, law and
democracy and written vs. unwritten constitutions.
This thought-provoking book investigates the increasingly important
subject of constitutional idolatry and its effects on democracy.
Focused around whether the UK should draft a single written
constitution, it suggests that constitutions have been drastically
and persistently over-sold throughout the years, and that their
wider importance and effects are not nearly as significant as
constitutional advocates maintain. Analysing a number of issues in
relation to constitutional performance, including whether these
documents can educate the citizenry, invigorate voter turnout, or
deliver 'We the People' sovereignty, the author finds written
constitutions consistently failing to meet expectations. This
innovative book also examines how constitutional idolatry may
frustrate and distort constitutional change, and can lead to strong
forms of constitutional paternalism emerging within the state.
Ultimately, the book argues that idolising written constitutions is
a hollow endeavour that will fail to produce better democratic
outcomes or help solve increasingly complicated societal problems.
Engaging and accessible, Constitutional Idolatry and Democracy will
be a key resource for both new and established scholars interested
in comparative constitutional law, constitutional theory, law and
democracy and written vs. unwritten constitutions.
This book provides detailed insight into some of the most
contentious events occurring in jurisdictions operating within
China's vast shadow. Epic clashes between law and politics have
become a regular fixture throughout the world, and no region has
seen more of these than Asia. In some cases these conflicts have
involved newfound democratic aspirations or democratic deepening,
while in others it has arisen because of pushback against
authoritarian or semi-authoritarian governments. Indeed, many of
these clashes centre on or involve the region's most powerful and
controversial player: China. This book focuses on several of these
critical struggles, examining how democracy and the rule of law
play out in a number of jurisdictions highly influenced by China's
presence. Chapters provide insightful analysis on issues such as:
major threats to the rule of law and attempts to uphold the
principle, oath-taking controversies, foreign judges and the
disparagement of the judiciary, unconstitutional and undemocratic
provisions, changing ideas of representation, a right to democracy
in international law, same-sex marriage rights, and the legal
responses to civil disobedience in Taiwan and Hong Kong, among
other topics. Ultimately, the book delivers a contemporary
understanding of how democracy and the rule of law both complement
and converge in this fascinating region.
This book provides detailed insight into some of the most
contentious events occurring in jurisdictions operating within
China's vast shadow. Epic clashes between law and politics have
become a regular fixture throughout the world, and no region has
seen more of these than Asia. In some cases these conflicts have
involved newfound democratic aspirations or democratic deepening,
while in others it has arisen because of pushback against
authoritarian or semi-authoritarian governments. Indeed, many of
these clashes centre on or involve the region's most powerful and
controversial player: China. This book focuses on several of these
critical struggles, examining how democracy and the rule of law
play out in a number of jurisdictions highly influenced by China's
presence. Chapters provide insightful analysis on issues such as:
major threats to the rule of law and attempts to uphold the
principle, oath-taking controversies, foreign judges and the
disparagement of the judiciary, unconstitutional and undemocratic
provisions, changing ideas of representation, a right to democracy
in international law, same-sex marriage rights, and the legal
responses to civil disobedience in Taiwan and Hong Kong, among
other topics. Ultimately, the book delivers a contemporary
understanding of how democracy and the rule of law both complement
and converge in this fascinating region.
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