Brian Christopher Jones (University of Liverpool School of Law & Social Justice) has posted The Influencers: Situating Front-end Constitutional Guardianship on SSRN. Here is the abstract:
Constitutional theory remains obsessed with high-profile constitutional decision-makers, but front-end constitutional actors that provide key support and advice to decision-makers also help protect and defend constitutions. This article profiles a group of front-end constitutional actors that I call ‘the influencers’, which is composed of: statutory drafters, permanent secretaries, government lawyers, and house officials. After detailing the roles and responsibilities of these actors, I then look at how they influence frontline decision-makers. Next, I examine the perspectives, values, and mentalities that the influencers operate on, all of which are key to further understanding these constitutional actors. This exploration into the influencers contains significant implications for the UK constitution, such as that: disregarding influencer advice can often boil over; back-end constitutional actors are not the sole preservers of the rule of law; and front-end actors may help fill a decisive scrutiny gap regarding legislation. The influencers also contain implications for constitutional theory, in that they challenge some typical narratives found in constitutional scholarship, and they can also significantly impact constitutional success (or failure). Ultimately, deeper insight into the influencers can help us understand how to better protect and defend constitutions on the front-end.
Interesting, important, and highly recommended!
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