The Language of Liberal ConstitutionalismCambridge University Press, 26. feb. 2007 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. |
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American Constitutionalism Autonomy of Law Barber and Robert Benhabib Berkeley California Law Review Cambridge Cardozo Law Review Chicago Law Review Christopher Constitutional Amendment Constitutional Essentials Constitutional Interpretation Constitutional Politics Constitutional Theory Contesting the Boundaries Critical Assessments Deliberative Democracy Democracy and Difference Derrida Eisgruber Essays on Constitution Essays on Legal Fordham Law Review George Greenawalt Hermeneutics Historical Journal Hoekstra James Jean Bodin Jeremy John Locke Joseph Raz Journal of Jurisprudence Journal of Law Judicial Review Jyranki Larry Alexander Laslett Law in Locke’s Law Review 72 Lawrence Legal and Political Legal Positivism Legitimacy Leyh Lockean Political Lukas H Michelman Michigan Law Review Natural Law Oxford Philosophy of Joseph Pogge Political Philosophy Political Thought Practice of Constitutional Princeton Public Reason Reprinted in John Responding to Imperfection Richard Ashcraft Richard Bellamy Richard Knolles Richard Tuck Sager Sanford Levinson Schauer Sotirios Stanley Sunstein Theory and Practice Thomas Hobbes trans Treatises of Government Waldron York