19 found
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  1.  86
    Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy.Frank I. Michelman & Jurgen Habermas - 1996 - Journal of Philosophy 93 (6):307.
  2.  1
    Brennan and Democracy.Frank I. Michelman - 2005 - Princeton University Press.
    In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the (...)
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  3.  44
    How Can the Poeple Ever Make the Law?Frank I. Michelman - 1997 - Modern Schoolman 74 (4):311-330.
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  4.  49
    Morality, Identity and “Constitutional Patriotism”.Frank I. Michelman - 2001 - Ratio Juris 14 (3):253-271.
    In a modern, plural society, there can be no settled agreement on the concrete legal content of a country's constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal‐minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on “constitutional patriotism,” a consciously shared sentiment arising from an ethical assessment of their country by the country's people, according to which the country credibly pursues a certain regulative (...)
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  5.  12
    A constitutional horizon?Frank I. Michelman - 2016 - Philosophy and Social Criticism 42 (7):640-648.
    In The Democratic Horizon: Hyperpluralism and the Renewal of Political Liberalism, Alessandro Ferrara seeks a philosophical breakthrough from what looks like it could be a pending dead-end for democracy. The best hope, Ferrara superbly maintains, lies through an extension or updating – a “renewal,” as he calls it – of lines of thought bequeathed to us, by John Rawls and others, under the name of political liberalism. Somewhere near the crux of Ferrara’s reflection stands a class of institutional fixtures whose (...)
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  6.  6
    “Constitution (Written or Unwritten)”: Legitimacy and Legality in the Thought of John Rawls.Frank I. Michelman - 2018 - Ratio Juris 31 (4):379-395.
    John Rawls proposed, as what he called “the liberal principle of legitimacy,” that coercive exercises of political power can be justified to free and equal dissenters when “in accordance with a constitution (written or unwritten) the essentials of which all citizens, as reasonable and rational, can endorse.” Does “unwritten constitution” there refer to norms of constitutional import, but that subsist only as custom, not as law? To norms that subsist as common law but not as code law? To empirical regularities (...)
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  7.  6
    Political-Liberal Legitimacy and the Question of Judicial Restraint.Frank I. Michelman - 2019 - Jus Cogens 1 (1):59-75.
    The term “judicial restraint,” applied to courts engaged in judicial constitutional review, may refer to any one or more of three possible postures of such courts, which we here will distinguish as “quiescent,” “tolerant,” and “weak-form.” A quiescent court deploys its powers sparingly, strictly limiting the agenda of social disputes on which it will pronounce in the constitution’s name. A tolerant court confirms as valid laws whose constitutional compatibility it finds to be reasonable sustainable, even though it independently would conclude (...)
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  8.  77
    Parsing “a right to have rights”.Frank I. Michelman - 1996 - Constellations 3 (2):200-208.
  9.  31
    Must Constitutional Democracy Be "Responsive"?:Constitutional Domains: Democracy, Community, Management. Robert C. Post.Frank I. Michelman - 1997 - Ethics 107 (4):706-.
  10.  26
    Can Constitutional Democrats Be Legal Positivists? Or Why Constitutionalism?Frank I. Michelman - 1996 - Constellations 2 (3):293-308.
  11.  24
    Human Rights and the Limits of Constitutional Theory.Frank I. Michelman - 2000 - Ratio Juris 13 (1):63-76.
    The question of what is truly just in the matter of a country's currently established human-rights interpretations appears not to be the same as the question of what it is morally right to do by way of coercively effectuating a given set of such interpretations. There are grounds for contending that acts of support for a coercive political regime can be justified morally on the condition that the regime's prevailing human-rights interpretations are made continuously available to effective, democratic critical re-examination. (...)
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  12.  49
    Legalism and Humankind*: FRANK I. MICHELMAN.Frank I. Michelman - 1992 - Social Philosophy and Policy 9 (2):190-208.
    Prescriptive political and moral theories contain ideas about what human beings are like and about what, correspondingly, is good for them. Conceptions of human “nature” and corresponding human good enter into normative argument by way of support and justification. Of course, it is logically open for the ratiocinative traffic to run the other way. Strongly held convictions about the rightness or wrongness, goodness or badness, of certain social institutions or practices may help condition and shape one's responses to one or (...)
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  13. The priority of liberty : Rawls and "tiers of scrutiny".Frank I. Michelman - 2015 - In Thom Brooks & Martha Craven Nussbaum (eds.), Rawls's Political Liberalism. Cambridge University Press.
  14.  43
    The Property Clause Question.Frank I. Michelman - 2012 - Constellations 19 (2):152-163.
  15.  16
    Postmodernism, Proceduralism, and Constitutional Justice: A Comment on van der Walt and Botha.Frank I. Michelman - 2002 - Constellations 9 (2):246-262.
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  16.  12
    Review: Must Constitutional Democracy Be "Responsive"? [REVIEW]Frank I. Michelman - 1997 - Ethics 107 (4):706 - 723.
  17.  2
    2 Moral Improvisation, Moral Change, and Political Institutions: Comment on Barbara Herman.Frank I. Michelman - 2022 - In Melissa S. Williams (ed.), Moral Universalism and Pluralism: Nomos Xlix. New York University Press. pp. 54-63.
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  18.  3
    At the liberal edge in Prague.Frank I. Michelman - 2017 - Philosophy and Social Criticism 43 (3):254-255.
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  19.  3
    18 Law as Premise.Frank I. Michelman - 2009 - In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. pp. 151.
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