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The Language of Liberal Constitutionalism
     

The Language of Liberal Constitutionalism

by Howard Schweber
 

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ISBN-10: 0521108330

ISBN-13: 9780521108331

Pub. Date: 04/09/2009

Publisher: Cambridge University Press

This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy?

Overview

This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.

Product Details

ISBN-13:
9780521108331
Publisher:
Cambridge University Press
Publication date:
04/09/2009
Edition description:
Reissue
Pages:
396
Product dimensions:
6.00(w) x 8.90(h) x 3.60(d)

Table of Contents


Introduction     1
The Search for Sovereignty: Law, Language, and the Beginnings of Modern Constitutionalism     16
Consent How? Challenges to Lockean Constitutionalism     81
Constitutional Language and the Possibility of Binding Commitments     135
Consent to What? Exclusivity and Completeness in Constitutional and Legal Language     197
The Question of Substance: Morality, Law, and Constitutional Legitimacy     260
The Defense of Constitutional Language     319
Bibliography     349
Index     363

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