Are Constitutions Legitimate?
University of Southern California - Gould School of Law
Canadian Journal of Law and Jurisprudence, Vol. 20, No. 1, 2007
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 which 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.
Keywords: constitutionalism, Waluchow, judicial review, bill of rightsAccepted Paper Series
Date posted: June 22, 2007
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