Constitutional Responsibility

Abstract

This paper asks whether an individual or a political community (henceforth: 'constitutional community') ever incurs moral responsibility for the requirements made by the norms of their constitution. We argue, first, that any constitutional community bears collective moral responsibility for those requirements. We reach this thesis by showing that (i) a constitutional community is a group which can take collective actions attributable to the group as a whole, and (ii) any given set of constitutional norms is the outcome of such collective action. We argue, second, that ordinary citizens of constitutional communities can, in normal circumstances, bear individual moral responsibility for such norms. We reach this second thesis by showing that an average citizen bears individual responsibility for the direct outcome of her polity's collective action whenever she both (1) contributes to the collective action where she need not fear serious reprisals for not contributing, and (2) supports and reflectively endorses the outcome.

Keywords: constitutions, constitutional norms, collective responsibility, individual responsibility, group agency

JEL Classification: D63, D70, K10