Constitutional Paradigms and the Stability of States

Description

This book examines the influence of constitutional legal paradigms upon the political stability and viability of states. It contributes to the literature in the field by focussing on how constitutional flexibility may have led to the rise of 'successful' states and to the decline of 'unsuccessful' states, by promoting stability. Divided into two parts, the book considers theories of the rise and fall of civilizations and individual states, explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies in the second part of the book identifies the key dynamics in legal, political and economic history and includes the UK, US, New Zealand and Eastern Europe. Cover Contents Preface Note on the Author Introduction Part I: Legal Paradigms 1 The Rise and Fall of States 1.1 Introduction 1.2 The rise and fall of civilizations – some theoretical explanations 1.3 The success of individual states 1.4 Conclusion 2 The Influence of Constitutional Paradigms 2.1 Introduction 2.2 The State 2.3 Dark Ages and mediæval Europe 2.4 The Reformation 2.5 The Industrial Revolution 2.6 Constitutional paradigms 2.7 Conclusion 3 Hard and Soft Constitutions 3.1 Introduction 3.2 The relationship between law and government 3.3 Flexibility and responsiveness – The rule of law 3.4 Inflexibility and constitutional arteriosclerosis 3.5 Conclusion Part II: The Viability of States 4 Underlying Theory 4.1 Introduction 4.2 Legitimacy as a normative influence 4.3 The necessity for inherent strength 4.4 Political ideology underlying the Grundnorm 4.5 Conclusion 5 Authoritarianism 5.1 Introduction 5.2 Egypt 5.3 Political collapse and laissez-faire economies 5.4 Conclusion 6 Doctrinaire Liberalism 6.1 Introduction 6.2 Liberalism as a legal/political influence 6.3 Constitutions in liberal states – informal limitations in New Zealand 6.4 Constitutions in liberal states – a change of Grundnorm: Ireland 6.5 Conclusion 7 Empires and Supra-national Entities 7.1 Introduction 7.2 Rome 7.3 European Union 7.4 Conclusion 8 Mixed Models 8.1 Introduction 8.2 Modern doctrinaire liberalism and authoritarianism 8.3 Conclusion 9 Conclusions 9.1 Introduction 9.2 Flexibility and stability 9.3 Hard and soft constitutions, democracy and the rule of law 9.4 Conclusion Bibliography Index