Are Constitutions Legitimate?
24 Pages Posted: 1 May 2006
There are 2 versions of this paper
Are Constitutions Legitimate?
USC Law Legal Studies Paper No. 06-9
Number of pages: 24
Posted: 01 May 2006
You are currently viewing this paper
Downloads
403
Are Constitutions Legitimate?
Canadian Journal of Law and Jurisprudence, Vol. 20, No. 1, 2007
Posted: 22 Jun 2007
Date Written: July 16, 2006
Abstract
This paper argues that constitutionalism raises some serious concerns of moral legitimacy. Following a preliminary outline of the main features of constitutionalism, the paper presents some of the main moral concerns about the legitimacy of constitutions. It then considers in detail a number of arguments that purport to answer those concerns, arguing that they all fail to meet the challenge. The paper concludes with a brief outline of some of the moral implications of this failure and some suggestions for reform.
Suggested Citation: Suggested Citation
Marmor, Andrei, Are Constitutions Legitimate? (July 16, 2006). USC Law Legal Studies Paper No. 06-9, Available at SSRN: https://ssrn.com/abstract=899592 or http://dx.doi.org/10.2139/ssrn.899592
Do you have negative results from your research you’d like to share?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.