Constitutional Public Reason

This book explores the use of public reason in different constitutional systems, aiming to improve the performance of leading constitutional courts in fields such as freedom of expression, non-establishment of religion, and anti-discrimination law. It finds that the best resonance between public reason and constitutional interpretation is found in doctrines that locate the illegitimacy of laws in the wrongful motives pursued by legislators.

Format: Hardback
Length: 416 pages
Publication date: 05 January 2023
Publisher: Oxford University Press

The concept of public reason, which advocates for laws that are widely accepted by all those they govern, has seldom been applied to constitutional law, and never in a comparative context. This book aims to bridge that gap by examining the application of public reason in various constitutional systems. Through this exploration, public reason is examined both as a normative concept, as a principle advocated for democratic constitutionalism, and as a descriptive account, as it aids in understanding key doctrines in constitutional adjudication by prominent constitutional courts worldwide and in the supranational sphere. Constitutional Public Reason critically assesses the performance of leading exemplars of public reason, including the top courts of the United States, India, Canada, Australia, Germany, and South Africa, as well as the European Court of Human Rights. Additionally, it endeavors to demonstrate how this performance can be enhanced in areas such as freedom of expression, non-establishment of religion, and anti-discrimination law. Ultimately, the book concludes that the most harmonious alignment between public reason and constitutional interpretation is found in doctrines that identify the illegitimacy of laws based on the wrongful motives or purposes pursued by legislators. It is crucial to examine both the consequences and motivations behind laws to ensure their legitimacy and uphold the principles of democratic governance.

Weight: 754g
Dimension: 162 x 241 x 28 (mm)
ISBN-13: 9780192869678