The Principles of Constitutional Reform

Kantian Review 24 (4):631-651 (2019)

Jacob Weinrib
University of Toronto, St. George (PhD)
In legal orders around the world, commitments to democracy, liberalism and constitutionalism are increasingly eroding. Although political and constitutional theorists often lament this trend, they invariably adopt frameworks that are indifferent to these commitments. My aims in this article are both critical and constructive. As a critical matter, I will expose the indifference of the leading political and constitutional theories to the emergence, maintenance and refinement of liberal democratic constitutional orders. As a constructive matter, I will draw on Immanuel Kant’s constitutional theory to explain why realizing such a form of governance is a public duty and why receding from it is a public wrong.
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DOI 10.1017/s1369415419000347
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References found in this work BETA

Political Liberalism.John Rawls - 1994 - Philosophical Quarterly 44 (177):542-545.
The Concept of Constituent Power.M. Loughlin - 2014 - European Journal of Political Theory 13 (2):218-237.
Permissive Laws and the Dynamism of Kantian Justice.Jacob Weinrib - 2014 - Law and Philosophy 33 (1):105-136.
Rooted Cosmopolitanism.Bruce Ackerman - 1994 - Ethics 104 (3):516-535.

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