The Language of Liberal Constitutionalism

The Language of Liberal Constitutionalism

by Howard Schweber
     
 

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ISBN-10: 0521861322

ISBN-13: 9780521861328

Pub. Date: 12/31/2006

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? Howard

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:
9780521861328
Publisher:
Cambridge University Press
Publication date:
12/31/2006
Edition description:
First Edition
Pages:
392
Product dimensions:
5.98(w) x 8.98(h) x 1.18(d)

Table of Contents

1. The search for sovereignty: law, language, and the beginning of modern constitutionalism; 2. Consent how?: challenges to Lockean constitutionalism; 3. Constitutional language and the possibility of binding commitments; 4. Consent to what? Exclusivity and completeness in constitutional and legal language; 5. The question of substance: morality, law, and constitutional legitimacy; 6. Conclusion: the defense of constitutional language.

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