Full Description
A political constitution is often seen as an idiosyncratic feature of the UK and compared unfavourably with an entrenched legal constitution upheld by a supreme or constitutional court, such as that of the United States. By comparing both systems, Defending the Political Constitution explores the normative and empirical advantages of a political constitution and its democratic mechanisms.
Political constitutionalism faces increasing pressure, both from the spread of legal constitutionalism through domestic bills of rights and international law, and the growing influence of global technocratic regulatory regimes, such as the IMF and the EU. Many see these forces as threats to parliamentary sovereignty and even as catalysts for a populist backlash. This book challenges that view. It argues for a new vision: one where international law and regulation are brought under democratic control, reinforcing rather than undermining political constitutionalism. By linking domestic democratic principles with intergovernmental cooperation, it offers a compelling model for safeguarding democracy.
Insightful and pioneering, Defending the Political Constitution contends a political constitution proves both more legitimate and more effective than a legal constitution.
Contents
Part 1. Political Constitutionalism as Democracy
1: Rights as Democracy
2: The Rule of Law as the Democratic Rule of Persons
3: Checks and Balances as Democracy: Political Equality and Majority Rule in the Democratic Mixed Constitution
Part 2. The Rights Challenge-Democracy as Rights
4: Domestic Bills of Rights: Political Constitutionalism and the Human Rights Act
5: International Human Rights Conventions: Political Constitutionalism and the European Convention on Human Rights
Part 3. The Judicial Challenge-Democracy through Courts
6: Must Politics Rest on Law?
7: Democracy through Courts?
Part 4. The Populist Challenge: Democracy as the Will of the People
8: Populism and the Democratic Challenge: Does Political Constitutionalism Facilitate or Counter Democratic Backsliding
9: Referendums and the Case of Brexit: Towards a Populist Constitutionalism?
10: Taking Back Control? The Political Constitution of the EU
