Constitutions and Political TheorySince constitutional arrangements are what make polities work, they are a central concern of political theory. This book is the first comprehensive exploration of the political theory of constitutions. Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts. Constitutions and political theory is a thorough and coherent introduction to the key debates and concepts of the study of political theory and constitutional law. It provides both analysis and practical examples of how constitutions operate today. |
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Contents
List of tables and figures | 12 |
Constitutional law and the legal order | 136 |
Why constitutions? | 175 |
Do constitutions matter? | 199 |
5a Presidentialism and firm democracy | 203 |
Is there a best constitution? | 237 |
Democracy and constitutionalism | 257 |
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administrative law affluence alternative American approach argued Article authoritarian basic century citizens concept of justice consti constitutional documents constitutional law constitutional monarchy constitutional practice constitutional theory constitutionalism constitutionalist countries criteria democratic democratic constitution democratic regime distinction doctrine economic employed enacted equality example executive federal firm democracy formal constitution framework freedom human rights implemented implies international law interpretation involved judicial review Kelsen kind legal justice legal order legal realism legal review legal systems legislative means medieval ment modern Montesquieu nomic norms OECD organs outcomes Pareto optimal Parliament parliamentarianism person players political theory political thought premier president principles problem public law relevant Republic republican Roman law rule of law separation of powers set of institutions simple majority so-called social decision social justice society sovereignty stability stitution strong judicial review strong presidentialism theories of justice tion tional tutions unitary various versus voting whereas written constitution