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Are Constitutions Legitimate?

24 Pages Posted: 1 May 2006  

Andrei Marmor

Cornell University - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: July 16, 2006


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

Marmor, Andrei, Are Constitutions Legitimate? (July 16, 2006). USC Law Legal Studies Paper No. 06-9. Available at SSRN: or

Andrei Marmor (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States


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