{"title":"Series: Hart Studies in Constitutional Theory","description":"\u003cp\u003e\u003cstrong\u003eHart Studies in Constitutional Theory\u003c\/strong\u003e offers a profound exploration of the principles that underpin constitutional law and political philosophy. This series invites readers into rigorous debates on governance, justice, and the theoretical frameworks shaping modern democracies. Ideal for those fascinated by the intersections of law, philosophy, and social order, these works illuminate the complexities of constitutional thought with clarity and depth.\u003c\/p\u003e\n\n\u003cp\u003eEngaging with themes of authority, rights, and legal interpretation, the series provides a thoughtful foundation for scholars, students, and anyone seeking to deepen their understanding of the constitutional structures that influence society. Each title delivers critical insight, encouraging readers to reflect on both the historical context and contemporary relevance of constitutional theory.\u003c\/p\u003e","products":[{"product_id":"the-distorting-lens-of-convergent-constitutional-theory-by-professor-peter-cane-9781509988464","title":"The Distorting Lens of Convergent Constitutional Theory","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cem\u003eThe Distorting Lens of Convergent Constitutional Theory\u003c\/em\u003e challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies.\u003c\/p\u003e\n\n\u003cp\u003eIt does so on three main grounds: anachronism, ‘othering’, and cultural specificity. Main pillars of ‘convergent constitutional theory’ are rooted in the revolutionary, late-eighteenth century – a lost world; constitutional arrangements that deviate from the paradigm are often branded as ‘outliers’ or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing, and explaining constitutional systems it is far from ideal.\u003c\/p\u003e\n\n\u003cp\u003eThis book discusses and questions: convergent theory’s weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the ‘sovereignty of the people’; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of ‘rights’ with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of ‘democracy’.\u003c\/p\u003e\n\n\u003cp\u003eIt makes suggestions for alternative, preferable methods of understanding, analysing, and explaining constitutions, and governmental and constitutional systems.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47464314470636,"sku":"9781509988464","price":176.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509988464-the-distorting-lens-of-convergent-constitutional-theory.jpg?v=1775046654"},{"product_id":"proportionality-and-facts-in-constitutional-adjudication-by-anne-carter-9781509955497","title":"Proportionality and Facts in Constitutional Adjudication","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003eThis book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these ‘facts’ vis-à-vis the facts that arise in the course of ordinary litigation.\u003c\/p\u003e\n\n\u003cp\u003eThe book’s central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages.\u003c\/p\u003e\n\n\u003cp\u003eThe book has three broad aims:\u003c\/p\u003e\n\n\u003cp\u003eFirst, it considers the role of facts within proportionality reasoning.\u003c\/p\u003e\n\n\u003cp\u003eSecond, it offers procedural insights into fact-finding in constitutional litigation.\u003c\/p\u003e\n\n\u003cp\u003eThird, the book’s analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of \u003ci\u003eMcCloy v New South Wales\u003c\/i\u003e, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that \u003ci\u003eProportionality and Facts in Constitutional Adjudication\u003c\/i\u003e, with its doctrinal and comparative approach, is particularly timely.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47597544767724,"sku":"9781509955497","price":98.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509955497-proportionality-and-facts-in-constitutional-adjudication.jpg?v=1777956817"}],"url":"https:\/\/bookhero.pro\/collections\/series-hart-studies-in-constitutional-theory.oembed","provider":"Book Hero","version":"1.0","type":"link"}