Constitutional Conventions

Theories, Practices and Dynamics

Nicholas Barry, Narelle Miragliotta (Monash University, Australia), Zim Nwokora , Haig Patapan (Griffith University, Australia)

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English

Routledge
18 February 2025

Social & political philosophy; Political structures: democracy; Jurisprudence & philosophy of law; Systems of law

This book analyses constitutional conventions as a powerful but largely neglected framework for studying the law and politics of constitutions.

Constitutional conventions are the unwritten rules that inform and circumscribe the political behaviour of individuals, organisations, and a political system. They are as important as the formal legal rules that define written constitutions and shape modern states; yet, unlike formal written rules, conventions have received only limited scholarly attention. This book considers conventions as a lens to theorise and to analyse the institutional dynamics of contemporary constitutions. Interrogating constitutional conventions in a wide variety of contexts – including in Westminster parliamentary systems, in presidential systems, and in non-democratic regimes – the book offers new perspectives for understanding diverse aspects of constitutional politics such as the capacity of conventions to constrain populists, how conventions influence constitutional transformation, how they reflect and reshape core democratic values such as citizenship and constitutional identity, and what they reveal about the character of authoritarian regimes. The book thus demonstrates how the dynamics of conventions shape the very character of constitutions.

The book will be of interest to legal theorists, constitutional lawyers, and political scientists.

Edited by: Nicholas Barry, Narelle Miragliotta (Monash University, Australia), Zim Nwokora, Haig Patapan (Griffith University, Australia)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 548g
ISBN: 9781032828336
ISBN 10: 1032828331
Pages: 200
Publication Date: 18 February 2025
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Nicholas Barry is Senior Lecturer in Politics at La Trobe University, Australia. Narelle Miragliotta is Associate Professor in Politics and Policy at Murdoch University, Australia. Zim Nwokora is Associate Professor in Politics and Policy Studies at Deakin University, Australia. Haig Patapan is Professor in the School of Government and International Relations at Griffith University, Australia.