Making a 21st century constitution : playing fair in modern democracies / Frank Vibert.

Format:

Book

Author/Creator:

Vibert, Frank, author.

Contributor:

Edward Elgar Publishing, publisher.

Language:

English

Subjects (All):

Constitutional law.

Physical Description:

1 online resource (336 pages)

Place of Publication:

Northampton, MA : Edward Elgar Pub., Inc., 2018.

Summary:

Democratic governments are increasingly under pressure from populists, and distrust of governmental authority is on the rise. Economic causes are often blamed. Making a 21st Century Constitution proposes instead that constitutions no longer provide the kind of support that democracies need in today's conditions, and outlines ways in which reformers can rectify this. Frank Vibert addresses key sources of constitutional obsolescence, identifies the main challenges for constitutional updating and sets out the ways in which constitutions may be made suitable for the the 21st century. The book highlights the need for reformers to address the deep diversity of values in today's urbanized societies, the blind spots and content-lite nature of democratic politics, and the dispersion of authority among new chains of intermediaries. This book will be invaluable for students of political science, public administration and policy, law and constitutional economics. Its analysis of how constitutions can be made fit for purpose again will appeal to all concerned with governance, practitioners and reformers alike.

Contents:

Contents: Preface

1. Introduction

2. Constitutions and democracy: the setting

Part I Sources of constitutional obsolescence

3. Obsolescence: the foundational

4. Obsolescence: the canonical

5. Obsolescence: the purposive

6. Diversity and the challenge to established social practices

Part II Refining the challenges: motives and their Expression

7. Building blocks and the mix of motives

8. The material motive: problem management

9. The emotive: togetherness and fairness

10. The normative motivation: the role of politics

Part III Upgrading constitutional expression

11. Constitutions and common knowledge of the new actors

12. Hierarchy and political persuasion

13. Qualitative rules and the transvaluational

14. Missing actors in chains of intermediation

15. Benchmarking: rights and normative choice

16. Legitimacy: identification and consent

17. Conclusions: upgrading constitutions

Annex

References

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78811-805-7