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A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.
This book investigates whether constitutional theory can be improved by applying systems theory to the analysis of legal and political institutions. Adrian Vermeule, a professor of constitutional law, argues that traditional constitutional theory often fails due to fallacies of aggregation. He proposes a systemic framework that accounts for the complex interactions between institutions and the individuals operating within them to provide a more accurate understanding of constitutional order.
What You Will Find
Scope Limits
Legal scholars and political scientists frequently note the high level of academic density and the rigorous interdisciplinary approach employed by the author. Experts highlight this as a significant contribution to the field of constitutional theory that challenges conventional analytical methods.
Page Count:
224
Publication Date:
2011-01-01
Publisher:
Oxford University Press
ISBN-10:
0190208007
ISBN-13:
9780190208004
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