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Constitutional Paradigms and the Stability of States, by Noel Cox
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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. It explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies identifies the key dynamics in legal, political and economic history.
- Published on: 2013-02-28
- Released on: 2013-02-28
- Format: Kindle eBook
Review
This is an extremely interesting analysis of the role that states' constitutions play in determining the success or failure of those states themselves. The writer's grasp of public law, international law and political and economic science, with their historical foundations and development, and his ability to weave all these into a convincing whole is most impressive and make for an absorbing read.'
Sir Derek Oulton, Magdalene College, Cambridge
From the Author
In broad terms this book examines the influence of constitutional legal paradigms upon the political stability and viability of states. The 'legal paradigms', in this sense, is to be understood relatively broadly, not as covering the specific constitutional rules which may apply to any given situation, or even the framework of institutions, powers and responsibilities within a constitution. Rather it should be understood to refer to the driving ethos, or Grundnorm, which underpins the whole constitutional system; the principles upon which the system operates. Nor is this Grundnorm to be seen as simply the economic imperative that drives a regime, though this may be a major element in a socialist or communist system (or indeed, in a pure capitalist system, if such a system exists in the real world). In these systems, the economic and the political imperative, cannot be easily separated - may be deliberately conflated - and the economic model may bear close resemblance to, or be indistinguishable from, the constitutional Grundnorm. But the Grundnorm also includes the historical, social and political principles which influence a constitution, including the degree to which the constitution may be classified as entrenched, flexible or normative. Thus constitutional legal paradigms refer to the underlying political theory, ethos and practice of a given state.
Success and stability are also terms that defy precise definition, and no attempt will be made here to construct a precise definition, even if this were possible or desirable. The success and stability of the state will be measured by comparison with other states with which the subject states have direct contact, or with which they may otherwise be compared. Thus only the broadest conclusions, if any, can be drawn from these empirical comparisons, and from the theoretical modelling which accompanies this. The more valuable contribution may indeed be to examine those states where there has been a fundamental change in Grundnorm. However, essentially this book is an exercise in analysing theoretical principles rather than practice, though from the theory practice may indeed follow.
The political viability of states is also to be understood, for the purposes of this study, in a limited, and special, sense. This is the on-going viability of a state, measured by internal and external factors, to successfully exist and compete with other states, as a state, rather than as a loose collection of individuals and communities. The state is more than simply a collection; it is greater than the sum of the components, or it would scarcely qualify, sociologically or politically, as a state. Here, too, the term 'state' is used in its broadest sense. No attempt has been made to exclude those states whose separate existence is not recognised by other states, for the existence of a state is determined by both reality and recognition. Nor is a distinction to be drawn between those states that have a fully developed jurisprudence of the state, those where notions of public law are less systematically developed, and where the very notion of the 'state' may be looked upon with suspicion, or if not indeed regarded as an alien concept.
The viability of the state - and the viability of any human institution - may depend upon an apparently infinite number of variables. It may well be impossible to separate each of these from the others, or to distinguish what is truly the determining factor in any one given situation. These factors may include such divergent elements as the physical geography of the country, the composition - or the size, distribution and density - of the population. Nor is it possible to use a control group, a selection of countries whose variables are known, to identify the variables of other states.
In order to limit what might otherwise be an impossibly broad study, the book will examine one element only. It will consider the degree to which constitutional flexibility, rather than broader societal and environmental factors, appears to have contributed to stability, and thus led to the rise of 'successful' states and to the decline of 'unsuccessful' states. This will include some case studies, but this book is in no sense an empirical work. Rather, the emphasis is upon identifying the elements of state success and failure - if any - that may be ascribed to the underlying nature of the constitution.
Essentially this book is an exercise in discovering how the one element of the character or ethos of a legal system has influenced economic, social and political success. In part this is a consideration of the contribution of law, wide
About the Author
Noel Cox was born in Auckland, New Zealand. After attending grammar school in Takapuna, he took up the study of law at the University of Auckland. After graduation he was admitted as a Barrister and Solicitor of the High Court of New Zealand, and later practised as a Barrister. He subsequently undertook further studies in law, canon law, and theology. Noel Cox holds the position of Professor of Law at Aberystwyth University, where he was Head of the Department of Law and Criminology 2010-2013. He was Professor of Constitutional Law (and inaugural professor of law) at the Auckland University of Technology to 2010, where he was formerly the Head of the Department of Law. He spent the summer of 2003-2004 as a Visiting Fellow in the Faculty of Law of The Australian National University, Canberra, and the latter part of 2006 at Wolfson College, the University of Cambridge. Apart from New Zealand, he is also admitted to practice law in almost all the Australian jurisdictions (the Australian Capital Territory, New South Wales, the Northern Territory, Queensland, South Australia, Tasmania and Victoria). He was called to the bar of England and Wales, by the Honourable Society of the Inner Temple. He was previously Chairman of Monarchy New Zealand (formerly The Monarchist League of New Zealand), and also a member of the Council of the Auckland District Law Society. He is a Fellow of the Royal Historical Society. He was ordained a deacon and then a priest in the Diocese of St Davids, of the Church in Wales. He undertook training at St Michael and All Angels Theological College, Llandaff, whilst serving a placement in the parish of Llanbadarn Fawr, Aberystwyth. He is now serving his title there as Assistant Curate, now in the Group Benefice of Llanbadarn Fawr, Elerch with Penrhyn-coch with Capel Bangor. He is married. He is the author of more than 200 academic papers, primarily in the fields of constitutional law, legal history, and ecclesiastical law, and 14 books.
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