Should We Have a Liberal Constitution?
Constitutional Commentary, Vol. 27, No. 3, p. 541, Winter 2011
19 Pages Posted: 18 Jan 2012
Date Written: December 1, 2011
In this brief essay, I attempt to accomplish two things. In Part I, I defend my proposed constitution against its putative liberal critics. In Part II, I argue that given contingent but highly plausible empirical assumptions, the differences between my constitution and a liberal constitution are less dramatic than one might suppose. There are often sound, nonliberal grounds for supporting institutional arrangements that appear liberal. It turns out, then, that liberalism is both less attractive (Part I) and less necessary (Part II) than its defenders suppose.
Keywords: constitution, liberal, critical theory, critical legal studies
JEL Classification: K00, K10, K19
Suggested Citation: Suggested Citation