{"product_id":"9781509988464","title":"The Distorting Lens of Convergent Constitutional Theory","description":"Author: Cane, Peter\u003cbr\u003eISBN: 9781509988464\u003cbr\u003ePublisher: Bloomsbury\u003cbr\u003eYear first published: 24 Jul 2025\u003cbr\u003ePages: 152 Format: Hardback\u003cbr\u003e\u003cbr\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\u003cbr\u003e\u003cb\u003e\u003cbr\u003e\u003c\/b\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.\u003cbr\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'.\u003cbr\u003eIt makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.","brand":"Ships in 10 to 15 days","offers":[{"title":"Default Title","offer_id":46655876399262,"sku":"UBD-9781509988464","price":159.78,"currency_code":"AUD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0400\/9043\/5742\/files\/9781509988464.jpg?v=1774836142","url":"https:\/\/classicbargains.com.au\/products\/9781509988464","provider":"Classic Bargains Australia","version":"1.0","type":"link"}