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Law in the Age of Pluralism$
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Andrei Marmor

Print publication date: 2007

Print ISBN-13: 9780195338478

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195338478.001.0001

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Are Constitutions Legitimate?

Are Constitutions Legitimate?

Chapter:
(p.89) CHAPTER 4 Are Constitutions Legitimate?
Source:
Law in the Age of Pluralism
Author(s):

Andrei Marmor (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195338478.003.0004

This chapter examines the idea of constitutionalism from a moral point of view, arguing that constitutionalism does not quite deserve the celebration that it has occasioned. The chapter proceeds as follows: after a preliminary outline of the main features of constitutionalism, it presents the main moral concerns about its legitimacy. It then considers a number of arguments that have been offered to answer those concerns, arguing that the arguments fail to meet the challenge. The chapter concludes with a few words about the moral implications of this failure and some suggestions for constitutional reform.

Keywords:   constitutionalism, democratic legislation, legitimacy, pluralism, constitutional reform

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