Constitutional public reason /
This book articulates and defends a principle of public reason (PR), and shows how it is both central and useful for thinking about legitimacy in constitutional law and theory. The principle rests upon a deceptively simple idea, characteristic of political liberalism, that political principles shoul...
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| Format: | eBook |
| Language: | English |
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Oxford, UK :
Oxford University Press,
2022.
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| Online Access: | Connect to the full text of this electronic book |
| Summary: | This book articulates and defends a principle of public reason (PR), and shows how it is both central and useful for thinking about legitimacy in constitutional law and theory. The principle rests upon a deceptively simple idea, characteristic of political liberalism, that political principles should be suitably acceptable to those whom they are to bind. Some arguments, if present in the minds of legislators or policymakers, are not qualified to figure in the public defence of a law. For all the problems, complications, and shortcomings of this idea, the book takes it seriously. Part I will lay down the philosophical groundwork for the idea: it argues that public reason is a plausible interpretation of a broader concept of the common good, and that it is based on respect for persons, equality, and freedom. Part II provides an overview of the uses of the ideal of public reason in some representative constitutional national systems, such as the United States, Canada, Australia, India, South Africa, and Israel. In doing so, it discusses the idea of motive-based constitutional scrutiny, reflects upon some of the main problems that such scrutiny raises, and studies the uses of public reason in the spheres of freedom of speech, freedom of religion, and anti-discrimination law. In Part III of the book, an idea of a 'supranational public reason' is articulated, and the book reflects upon the uses of this ideal in those (quasi-) constitutional systems that transcend national boundaries. |
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| Physical Description: | 1 online resource (xx, 388 pages) |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9780192696687 0192696688 0191965731 9780191965739 |