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Principles of Constitutional Design

Principles of Constitutional Design

Principles of Constitutional Design

Donald S. Lutz, University of Houston
August 2006
Available
Hardback
9780521861687

    This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.

    • Successfully blends the empirical analysis of a 75 nation database with more traditional political philosophy
    • Recasts the traditional parliamentary/presidential dichotomy usually used by comparativists into a separation of powers framework
    • Makes judicious use, where appropriate, of rational actor theory as well as historical examples drawn from classical Rome and medieval Europe

    Reviews & endorsements

    "What it does with admirable clarity and lucidity is examine the history of constitutional theories and theorists, and the problems that have exercised them." - The Law and Politics Book Review Wade Mansell, University of Kent, UK

    See more reviews

    Product details

    August 2006
    Hardback
    9780521861687
    280 pages
    233 × 158 × 23 mm
    0.512kg
    16 tables
    Available

    Table of Contents

    • 1. Constitutionalism - an initial overview and introduction
    • 2. Sovereignty
    • 3. Popular sovereignty
    • 4. The separation of powers
    • 5. Analyzing the interaction between popular control and separation of powers in the amendment process
    • 6. Matching a government to a people
    • 7. An overview of the constitutional design project
    • 8. An underlying constitutional logic - rational actors?
      Author
    • Donald S. Lutz , University of Houston

      Donald S. Lutz is a professor of political philosophy in the department of political science at the University of Houston, where he has been teaching since 1968. He received his Ph.D. from Indiana University. He is the author of eleven books, including Colonial Origins of the American Constitution: A Documentary History (1998), A Preface to American Political Theory, (1992), and The Origins of American Constitutionalism (1988), and numerous articles published in American Political Science Review, the American Journal of Political Science, the Journal of Politics, Publius: The Journal of Politics, Social Science Quarterly, the Annals of Political Science and History, and Western Political Quarterly, among others.