Constitutional essentials on the constitutional theory of political liberalism / Frank I. Michelman.
| Author/creator | Michelman, Frank I., 1936- |
| Other author | Oxford University Press. |
| Format | Electronic |
| Publication Info | New York, NY : Oxford University Press, 2022. |
| Description | xv, 208 pages ; 25 cm |
| Supplemental Content | Full text available from Oxford Scholarship Online |
| Subjects |
| Contents | The constitution as procedural recourse : rawls's "liberal principle of legitimacy" -- A fixation thesis and a secondary proceduralization : constitution as positive law -- Constitutional essentials : a singularity of reason, or a space of reasonability? -- Constitutional law and human rights : the call to civility -- Constitutional fidelity : of courts, citizens, and time -- A realistic utopia? -- Legitimacy : procedural compliance or ethical attitude? -- Offsets to proceduralism -- Constitutional application : between will and reason -- Justification-by-constitution, economic guarantees, and the rise of weak-form review -- Judicial restraint (and judicial supremacy) -- Legal formalism and the rule of law -- Constitutional rights and "private" legal relations -- Liberal tolerance to liberal collapse? |
| Abstract | "We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection"-- Provided by publisher. |
| Bibliography note | Includes bibliographical references and index. |
| Access restriction | Available only to authorized users. |
| Technical details | Mode of access: World Wide Web |
| Genre/form | Electronic books. |
| LCCN | 2022006293 |
| ISBN | 9780197655832 (hardback) |
| ISBN | (epub) |
| ISBN | (updf) |
| ISBN | (online) |
Availability
| Library | Location | Call Number | Status | Item Actions |
|---|---|---|---|---|
| Electronic Resources | Access Content Online | ✔ Available |