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Against Constitutionalism

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Book Hero Magic crafted this summary to help describe this book. While it's new and still learning, it may not be perfect - your feedback is welcome! Summary
Against Constitutionalism offers a critical examination of constitutionalism's evolution from a theory of limited government to a dominant governance philosophy. Professor Martin Loughlin reveals how constitutionalism has transformed from an Enlightenment ideal, once considered outdated, into a civil religion that symbolises collective unity. The book explores the rise of judicial power through a "rights revolution" and how constitutionalism emphasises adherence to abstract standards over collective political will, reshaping governmental authority worldwide and impacting social progress and democracy.
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Format: Hardback
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Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?

This book is ideal for students, scholars, and professionals in constitutional law, political theory, and democratic studies seeking a deep, critical understanding of constitutionalism's evolving role and impact.

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Tracing constitutional thought from the Enlightenment to the present, Martin Loughlin shows how a tool for the protection of self-government has become a means for subverting popular will. Across the globe, constitutions now displace democratic decision-making, as courts interpret values in the law that ultimately trump legislative action.

Book Hero Magic formatted this description to make it easier to read. While it's new and still learning, it may not be perfect - your feedback is welcome! Description

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today.

Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times.

But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity.

Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world, the variable practices of constitutional government have been reshaped by its precepts.

Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?

Praised as a densely argued and intellectually significant work, Against Constitutionalism is hailed by scholars such as Jedediah Purdy and Mark A. Graber for its thorough analysis of constitutional government's transformation and its consequences. Chandran Kukathas highlights the book's appeal beyond legal scholars to democratic theorists, marking it as essential reading for those interested in the challenges constitutionalism poses today.

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Book Details

INFORMATION

ISBN: 9780674268029

Publisher: Harvard University Press

Format: Hardback

Date Published: 17 May 2022

Country: United States

Imprint: Harvard University Press

Audience: Professional and scholarly

DIMENSIONS

Spine width: 20.0mm

Width: 156.0mm

Height: 235.0mm

Weight: 544g

Pages: 240

About the Author

Martin Loughlin is Professor of Public Law at the London School of Economics and Political Science. A Fellow of the British Academy, he is series editor of Oxford Constitutional Theory and author of The Idea of Public Law, The British Constitution: A Very Short Introduction, and Political Jurisprudence.

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