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The Myth of the Super-Constitution

The Myth of the Super-Constitution - Brill Research Perspectives in Humanities and Social Sciences

Paperback (03 Jul 2025)

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Publisher's Synopsis

Normally, all laws within any given jurisdiction ought to conform to some "higher" legal imperative called a "constitution". In modern times, constitutions are usually embedded in a formal document, and laws that fail to meet this standard are held to be "unconstitutional" and adjudicated null and void. In former times, constitutions often resided in looser terms like "natural law" and rested on extra-legal foundations such as consecrated customs or religious convictions.
However, what happens if the constitution itself is offensive to some deeply ingrained norms within the prevailing culture? Is it possible to override constitutions for failing to meet some elementary standards of decency or moral propriety? In recent memory, critics reviled the Third Reich as a rogue regime in spite of the fact that it meticulously followed its own corrupt policies. Is it possible to maintain the idea that even constitutions must comply with some external standards? Is such a possibility intellectually defensible? Or must we accept the fact that no formal regime is full-proof against the looming threat of human depravity?

About the Publisher

Brill

Founded in 1683, Brill is a publishing house with a rich history and a strong international focus. The company's head office is in Leiden, (The Netherlands) with a branch office in Boston, Massachusetts (USA). Brill's publications focus on the Humanities and Social Sciences, International Law and selected areas in the Sciences.

Book information

ISBN: 9789004720077
Publisher: Brill
Imprint: Brill
Pub date:
DEWEY: 342
DEWEY edition: 23
Language: English
Weight: 144g
Height: 235mm
Width: 155mm