David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Cambridge University Press (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
|Keywords||Constitutional law Legitimacy of governments Law Language Law Philosophy|
|Categories||categorize this paper)|
|Buy the book||$44.76 new (67% off) $55.26 used (58% off) $124.45 direct from Amazon (8% off) Amazon page|
|Call number||K3165.S39 2007|
|ISBN(s)||9780521861328 0521861322 1139462598 9781139462594|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Francis Wharton (1884/2001). Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law. Gaunt, Inc..
Larry Alexander (ed.) (1998/2001). Constitutionalism: Philosophical Foundations. Cambridge University Press.
Douglas W. Kmiec (ed.) (2009). The American Constitutional Order: History, Cases, and Philosophy. Lexisnexis Matthew Bender.
Gary J. Jacobsohn (2010). Constitutional Identity. Harvard University Press.
Neil Walker (2003). Post-National Constitutionalism and the Problem of Translation. Institute for International Law and Justice, New York University School of Law.
Michel Rosenfeld (2010). The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community. Routledge.
Added to index2009-01-28
Total downloads18 ( #98,445 of 1,101,906 )
Recent downloads (6 months)2 ( #191,964 of 1,101,906 )
How can I increase my downloads?