Constitutionalism: Philosophical FoundationsLarry Alexander Cambridge University Press, 2001 M02 26 - 319 páginas A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel bound by the constitution of an earlier one?The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation. |
Dentro del libro
Resultados 1-5 de 78
Página 4
... reason for action . What I have argued thus far is that we can have content- dependent reasons - reasons derived from our political morality - to establish and entrench rules that others recognize as authoritative . But why should we ...
... reason for action . What I have argued thus far is that we can have content- dependent reasons - reasons derived from our political morality - to establish and entrench rules that others recognize as authoritative . But why should we ...
Página 6
... reasons to posit fixed rules that claim preemptive authority over our moral reasoning . If such authority is impossible , then perhaps we have moral rea- sons to deceive ourselves , at least in our everyday affairs , so that we come to ...
... reasons to posit fixed rules that claim preemptive authority over our moral reasoning . If such authority is impossible , then perhaps we have moral rea- sons to deceive ourselves , at least in our everyday affairs , so that we come to ...
Página 8
... reasons for remain- ing faithful to the original meaning of the constitution compete with and can be outweighed by reasons for innovative interpretations . Now I would claim that " innovative interpretations " is an oxymoron . What Raz ...
... reasons for remain- ing faithful to the original meaning of the constitution compete with and can be outweighed by reasons for innovative interpretations . Now I would claim that " innovative interpretations " is an oxymoron . What Raz ...
Página 9
... reason ( now ) . The methodology of interpreting according to the intent of the constitutional authors subordinates right reason to past will , whereas the methodology of interpreting according to one's views of political morality ...
... reason ( now ) . The methodology of interpreting according to the intent of the constitutional authors subordinates right reason to past will , whereas the methodology of interpreting according to one's views of political morality ...
Página 12
... reasons previously given and still reject ( 2b ) in favor of ( 2c ) , the most democratic version . That is , we might agree that the clear rights bequeathed us by the constitutional framers are superior to those that would most likely ...
... reasons previously given and still reject ( 2b ) in favor of ( 2c ) , the most democratic version . That is , we might agree that the clear rights bequeathed us by the constitutional framers are superior to those that would most likely ...
Contenido
American Constitutionalism | 16 |
Constitutional Authorship | 64 |
What Is the Constitution? and Other Fundamental Questions | 99 |
On the Authority and Interpretation of Constitutions Some Preliminaries | 152 |
Legitimacy and Interpretation | 194 |
The Domain of Constitutional Justice | 235 |
Precommitment and Disagreement | 271 |
301 | |
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accept Ackerman adjudication American application argued argument authority Bill of Rights Bruce Ackerman claim commitment concerns Congress consent consti constitution-makers constitutional interpretation constitutional justice constitutional law constitutional norm constitutional practice constitutional rules constitutionalism decision democracy democratarian democratic disagreement doctrine domain of constitutional Dworkin enacted entrenched establish example fact Fourteenth Amendment framers freedom fundamental H. L. A. Hart indeterminate individual institutions intentions issue Jed Rubenfeld Jeremy Waldron John Rawls Jon Elster Joseph Raz judges judgment judicial review judiciary justice-seeking lawmaking legislative legislature legitimacy legitimate liberal limits majority matter meaning ment minimum welfare moral opportunity to thrive particular persons political community popular precommitment premise principles question reasons relevant requires right to minimum role Ronald Dworkin rule of recognition self-government sense social stitutional supra Supreme Court theory tion tional tutional understanding understood United United States Constitution