In Constitutional Essentials: On the Constitutional Theory of Political Liberalism, Michelman explains why constitutional debates persist in modern day democracies. Through the lens of John Rawls' seminal work Political Liberalism, Michelman responds to the problems governments of constitutional-democratic societies face from deep-lying disagreement among citizens by presenting them with Rawls' solution: an accepted constitution.
Frank I. Michelman explains why constitutional debates persist in modern day democracies. Through the lens of John Rawls' seminal work 'Political Liberalism', Michelman responds to the problems governments of constitutional-democratic societies face from deep-lying disagreement among citizens by presenting them with Rawls' solution: an accepted constitution.
Rawls's constitution-centered "liberal principle of legitimacy" : a first look -- The constitution as procedural recourse : rawlss liberal principle of legitimacy -- Constitution as directive code -- Constitutional essentials. A singularity of reason, or a space of reasonability? -- Constitutional law and human rights : the call to civility -- Constitutional fidelity : of courts, citizens, and time -- A realistic utopia? -- Legitimacy : procedural compliance or ethical attitude? -- Offsets to proceduralism -- Constitutional application : between will and reason -- Justification-by-constitution, economic guarantees, and the rise of weak-form review -- Judicial restraint (and judicial supremacy) -- Legal formalism and the rule of law -- Constitutional rights and private legal relations -- Liberal tolerance to liberal collapse?
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