Legitimation by Constitution: A Dialogue on Political Liberalism

Legitimation by Constitution is a key idea in Rawlsian political liberalism that relies on a dualist form of democracy to maintain a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. It combines exchanges between Frank Michelman and Alessandro Ferrara, inspired by Rawls' proposed liberal principle of legitimacy, and engages with other leading contemporary theorists of liberal-democratic constitutionalism.

Format: Hardback
Length: 208 pages
Publication date: 22 November 2021
Publisher: Oxford University Press

Legitimation by Constitution is a crucial concept in Rawlsian political liberalism, which seeks to maintain a liberally just, stable, and oppression-free democratic government in the face of pluralist visionary conflict. Coined by Frank Michelman and Alessandro Ferrara, it revolves around the idea of subordinating ground-level lawmaking to the constraints of a higher-law constitution that most citizens can accept as a framework for their politics. This approach aims to address the challenge of sustaining a democratic government that upholds individual rights and values while navigating diverse and competing visions.

The concept of legitimacy by constitution draws upon a series of exchanges between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. These exchanges consider the perceived difficulties that may hinder the fulfillment of this proposal on terms consistent with political liberalism's defining ideas about political justification. The authors delve into the mysteries of democratic constituent power, the tensions between government-by-the-people and government-by-consent, the challenges posed by judicial authorities in concretizing national constitutional law, and the heightened tensions and challenges under the lenses of ambition towards transnational legal ordering.

These discussions engage with other prominent contemporary theorists of liberal-democratic constitutionalism, including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas. By exploring these themes, the authors contribute to the ongoing debate about the role of constitutionalism in promoting democratic stability, justice, and the protection of individual rights in a pluralistic world.

Weight: 470g
Dimension: 164 x 242 x 23 (mm)
ISBN-13: 9780192855121