Is the constitution ideally "legal" or "political"? "Written" or
"unwritten"? How thick or thin are its principles and guarantees?
Where does constitutional fidelity fit among liberal political
virtues? What of "restraint" in the conduct of judicial constitutional
review, or "originalism" in constitutional interpretation? These are
questions raised by lawyers in constitutional-democratic societies
throughout the world.In _Constitutional Essentials: On the
Constitutional Theory of Political Liberalism_, Michelman not only
raises these questions but explains why these debates persist in
modern day constitutional democracies. Through the lens of John Rawls'
seminal work _Political Liberalism_, Michelman responds to the
problems governments of constitutional-democratic societies face from
deep-lying disagreement among citizens. Rawls' suggested one solution:
a "constitution," one that included a bill of rights-that all, despite
other disagreements, could accept. Michelman explains Rawls' proposal,
placing it within a duality of functions -"regulatory" and
"justificatory" - for which, he says, lawyers in
constitutional-democratic societies typically look to their countries'
bodies of constitutional law.A close examination of the
constitution-centered proposition on political legitimacy, this book
will be valuable reading to academics in the fields of politics,
philosophy, and law.
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On the Constitutional Theory of Political Liberalism
Produktdetaljer
ISBN
9780197655856
Publisert
2022
Utgiver
Oxford University Press Academic US
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter