Making a 21st Century Constitution
Playing Fair in Modern Democracies
Frank Vibert
Extract
This chapter sets out the reasons for the (almost) universal adoption of constitutions and the different ways of summarizing their intent in a democratic context (contracts/constraints and so on). It then discusses the separation that has occurred between discussions of constitutions and discussions of democracy. Among the reasons for this separation, subsequent discussion takes up the possibility that constitutions have simply lost their relevance in modern conditions. Finally, it distinguishes between key structural elements in a constitution – the foundational, the canonical and the purposive.
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