Book contents
- Public Reason and Courts
- Studies on International Courts and Tribunals
- Public Reason and Courts
- Copyright page
- Contents
- Contributors
- Preface
- Acknowledgments
- 1 Taking Public Reason to Court: Understanding References to Public Reason in Discussions about Courts and Adjudication
- Part I Public Reason in Constitutional Courts
- 2 Must Laws Be Motivated by Public Reason?
- 3 The Importance of Constitutional Public Reason
- 4 The Question of Constitutional Fidelity: Rawls on the Reason of Constitutional Courts
- 5 The Challenges of Islamic Law Adjudication in Public Reason
- 6 “We Hold These Truths to Be Self-Evident”: Constitutionalism, Public Reason, and Legitimate Authority
- 7 A Kantian System of Constitutional Justice: Rights, Trusteeship, Balancing
- 8 Laws, Norms, and Public Justification: The Limits of Law as an Instrument of Reform
- Part II Public Reason in International Courts and Tribunals
- Part III Critical Perspective on Public Reason in Courts
- Index
4 - The Question of Constitutional Fidelity: Rawls on the Reason of Constitutional Courts
from Part I - Public Reason in Constitutional Courts
Published online by Cambridge University Press: 22 May 2020
- Public Reason and Courts
- Studies on International Courts and Tribunals
- Public Reason and Courts
- Copyright page
- Contents
- Contributors
- Preface
- Acknowledgments
- 1 Taking Public Reason to Court: Understanding References to Public Reason in Discussions about Courts and Adjudication
- Part I Public Reason in Constitutional Courts
- 2 Must Laws Be Motivated by Public Reason?
- 3 The Importance of Constitutional Public Reason
- 4 The Question of Constitutional Fidelity: Rawls on the Reason of Constitutional Courts
- 5 The Challenges of Islamic Law Adjudication in Public Reason
- 6 “We Hold These Truths to Be Self-Evident”: Constitutionalism, Public Reason, and Legitimate Authority
- 7 A Kantian System of Constitutional Justice: Rights, Trusteeship, Balancing
- 8 Laws, Norms, and Public Justification: The Limits of Law as an Instrument of Reform
- Part II Public Reason in International Courts and Tribunals
- Part III Critical Perspective on Public Reason in Courts
- Index
Summary
Frank I. Michelman takes up a proposition from John Rawls that a stricter constraint of constitutional fidelity applies to supreme court judges in a constitutional democracy than to citizens acting politically as litigants, voters, organizers, and otherwise as agitators for political causes to determine whether this proposition fits with Rawls’s other political ideas. It is, however, not immediately clear how this proposition can fit with Rawls’s proposed “liberal principle of legitimacy,” according to which a country’s constitution is to figure as a public procedural pact, by appeal to which citizens justify to each other their exertions of the coercive political powers that they hold as citizens in a democracy. Answering requires careful specification of the respects in which the fidelity constraint is to be looser for citizens than for judges, close analysis of the Rawlsian constitution-centered “principle of legitimacy,” and consideration of Rawls’s later writings that modify in some crucial respects the principle of legitimacy.
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- Public Reason and Courts , pp. 90 - 114Publisher: Cambridge University PressPrint publication year: 2020