Making a 21st Century Constitution
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Making a 21st Century Constitution

Playing Fair in Modern Democracies

9781788118040 Edward Elgar Publishing
Frank Vibert, Associate, Centre for the Analysis of Risk and Regulation (CARR), London School of Economics, UK
Publication Date: 2018 ISBN: 978 1 78811 804 0 Extent: 336 pp
Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured.

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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.
Critical Acclaim
‘In Making a 21st Century Constitution: Playing Fair in Modern Democracies, Frank Vibert explores the current state of constitutions, outlining why they have become outdated and suggesting ways in which they can be reworked to better meet the needs of democracies today. While readers may not agree with all of the book’s arguments, it provides interesting insight into how constitutions can overcome their democratic weaknesses and is a welcome addition to this increasing body of scholarship.’
– Elyse Wakelin, LSE Review of Books
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 Appendix References Index
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