Constitutions and Political Theory

Front Cover
Manchester University Press, 1996 - Political Science - 294 pages
Since 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

Other editions - View all

Bibliographic information