Constitutions and Political TheorySince constitutional arrangements are what make politics work, they are a central concern of political theory. This book is a comprehensive exploration of the political theory of constitutions. It 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 procedural accountability as well as citizen rights. The author 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 social and economic outcomes. 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 law in a country's courts. |
Contents
List of tables and figures | 11 |
1 | 58 |
2 | 85 |
2 | 96 |
3 | 102 |
Constitutional law and the legal order | 136 |
1 | 140 |
1 | 174 |
Why constitutions? | 175 |
1 | 198 |
Do constitutions matter? | 199 |
5a Presidentialism and firm democracy | 204 |
Is there a best constitution? | 237 |
Democracy and constitutionalism | 257 |
243 | 292 |
Copyright | |