Description
Book SynopsisThis book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws.Alan Brudner suggests a conception of fundamental justice that liberals of competing philosophic schools may accept as fulfilling their own basic commitments. He argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be
Trade ReviewAddressing fundamental issues in public law, [the book] also engages with a host of questions in political philosophy and is not afraid to develop a sweeping and original line of argument that challenges current orthodoxy. * Nigel Simmonds, The Cambridge Law Journal *
The author of Constitutional Goods has made a major contribution to political philosophy and constitutional theory. The book provides a fascinating and persuasive exposition of the foundations of liberal constitutionalism, supporting its majestic ambitions with powerful abstract analysis and finely nuanced detail...It is altogether a superb achievement, and no serious constitutional theorist can ignore its powerful claim on his attention. * T.R.S. Allan, University of Toronto Law Journal *
There can be no doubting the fact that this is a major contribution to constitutional scholarship, one that bears comparison with any work of constitutional scholarship to have been published in recent times. * Martin Loughlin, Public Law *
Table of ContentsPreface ; Introduction: The Aim of Constitutional Theory ; PART ONE: LIBERTY ; 1. The Libertarian Conception of the Public ; 2. Constitutional Principles: Civil Rights ; 3. Constitutional Principles: Political Rights ; PART TWO: EQUALITY ; 4. The Egalitarian Principle of Fundamental Justice ; 5. Self-Authorship and Substantive Justice ; 6. Self-Rule and Procedural Justice ; 7. Social and Economic Rights ; PART THREE: COMMUNITY ; 8. Hegel's Idea of Sittlichkeit ; 9. Sex, Family, and Self-Authorship ; 10. The Liberal Duty to Recognize Cultures ; 11. Consociationalism ; Conclusion
