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Constitutional Idolatry and Democracy: Challenging the Infatuation with Writtenness

Constitutional Idolatry and Democracy: Challenging the Infatuation with Writtenness

Author: Brian Christopher Jones
Publisher: Edward Elgar Publishing
ISBN: 9781788971096
Published In: June 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This thought-provoking book investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed 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.

1. What is constitutional idolatry?

2. Venerating a text: some positive aspects of constitutional idolatry

3. Educating the citizenry?

4. The reality of 'We the People' constitutional claims

5. Invigorating democracies?

6. A 'good' constitution is essential to state survival

7. Constitutional paternalism: the rise and problematic use of constitutional guardian rhetoric

8. Idolatry and constitutional change

9. Constitutional idolatry and democracy: a preliminary conclusion

Index