Constitutional Idolatry and Democracy

Challenging the Infatuation with Writtenness

Brian Christopher Jones, Lecturer in Law, School of Law, University of Sheffield, UK

Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.

‘In a broad, engaging and well-researched contribution to the constitutional law literature, Constitutional Idolatry and Democracy offers a genuinely refreshing alternative to the stale obsession with written constitutions that is all too common amongst many contemporary titles.’
——威廉·布朗N,伦敦政治经济学院里维w of Books

‘It is a thought-provoking book, and contains a huge array of ideas, information and literature, some of it slightly out of the way. The author argues his case powerfully, often convincingly, and commendably concisely. . . every public lawyer and student of public law would benefit from reading it to test their assumptions.’
– David Feldman, Law Quarterly Review

‘This is an important and timely intervention.’
– Tanzil Chowdhury, Public Law

‘The distinctive value in Jones’s contribution here is the breadth and depth with which he engages with and analyzes one of the core (but often overlooked) distinctions in constitutional theory.’
——爱德华·威利斯•反对

‘What Jones does in this book is to make a bold statement: written constitutions have become idols, and the time is past due for us to put aside the false faith that they are the saviours of society.’
– Renato Saeger M Costa, University of Queensland Law Journal

‘Jones systematically asks the sceptical questions that must be asked in any serious conversation about constitutional codification.’
– Asanga Welikala, JOTWELL

‘Constitutional Idolatry and Democracy is a thought-provoking and timely work that presents its case in an accessible manner.’
– James R Zink, Governance

‘I can’t imagine a better book to discuss in a seminar, whether of students or senior academics.’
– Sanford Levinson, IACL-AIDC blog

‘This is a timely intervention in the debates over the necessity, sufficiency and desirability of written constitutions and one which speaks directly to both United States and United Kingdom audiences.’
– Janet McLean, University of Auckland, New Zealand

‘This powerful book explores the limits of written constitutions and the ways in which we idolise them. Jones develops an impressive critique of dominant constitutional thinking, assessing the broader impact of written constitutions on our democracy, our politics and our citizens. The book offers an important challenge to those who assume a written constitution is the best way to reform the UK’s political system, and clearly reveals the risks of overstating what written constitutionalism can achieve.’
– Michael Gordon, University of Liverpool, UK

‘In this wide-ranging, innovative, and truly excellent study of constitutional forms, Brian Christopher Jones challenges the conventional wisdom that codified constitutions hold decisive advantages over uncodified ones. From one chapter to the next, Jones takes readers on a voyage around the world, drawing from his rich repository of deep comparative insights to identify, elaborate, and theorize the dangerous consequences of constitutional idolatry that inhere in master-text constitutions. From now on, no defense of constitutional codification will ever be complete without confronting the compelling arguments in this important work.’
– Richard Albert, The University of Texas at Austin, US