The Law and Ethics of Human Rights 14 (2):181-197 (2020)

Abstract
The standard opinion is that the force of the constitution hinges on the fact that it is willingly endorsed by the people or, at least representative of the people. This Article challenges this view. More specifically, I differentiate between two types of legitimation: representational legitimation and non-representational or reason-based legitimation. While representational legitimation rests on the fact that the constitution is representative of who the people are or what they want, reason-based constitutions are based on the judgement that the constitution is just or, at least grounded in reason. I also show that some of the puzzles in constitutional theory can be resolved by acknowledging the significance of the latter type of legitimation. For instance, I illustrate that constitutions that were not adopted freely by the nations and could not have been characterized as representative of the people such as the German Constitution can still be legitimate. To put it provocatively: the legitimation of a constitution need not rest on the conviction that it represents the people whom it governs; it may simply rest on the belief that it is a good or just constitution. Representational legitimacy is only one form of legitimacy but not the only one.
Keywords No keywords specified (fix it)
Categories No categories specified
(categorize this paper)
ISBN(s)
DOI 10.1515/lehr-2020-2016
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 71,259
External links

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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Expression in the Representational Arts.Catharine Abell - 2013 - American Philosophical Quarterly 50 (1):23-36.
Situated Cognition: Stepping Out of Representational Flatland.William J. Clancey - 1991 - AI Communications: The European Journal on Artificial Intelligence 4 (2/3):109-112.
Phenomenology Without Representation.Thomas Raleigh - 2015 - European Journal of Philosophy 23 (4):1209-1237.
Representation-supporting model elements.Sim-Hui Tee - 2020 - Biology and Philosophy 35 (1):1-24.
The Features of the Mexican Constitution.Elena Vaitiekienė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):89-121.
Constitutionalism: Philosophical Foundations.Larry Alexander (ed.) - 1998 - Cambridge University Press.
The Legitimacy of the People.Sofia Näsström - 2007 - Political Theory 35 (5):624-658.
Constitutions and Political Theory.Jan-Erik Lane - 1996 - Manchester University Press.
A Non-Representational Understanding of Visual Experience.Kaplan Hasanoglu - 2016 - Journal of Mind and Behavior 37:271-286.

Analytics

Added to PP index
2020-12-05

Total views
6 ( #1,137,335 of 2,518,716 )

Recent downloads (6 months)
1 ( #408,070 of 2,518,716 )

How can I increase my downloads?

Downloads

My notes