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Introduction

Published online by Cambridge University Press:  05 June 2012

Ellen Frankel Paul
Affiliation:
Bowling Green State University, Ohio
Fred D. Miller, Jr
Affiliation:
Bowling Green State University, Ohio
Jeffrey Paul
Affiliation:
Bowling Green State University, Ohio
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Summary

“In framing a government which is to be administered by men over men,” James Madison wrote, “the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” The task of a constitution is to solve this difficulty by setting out the structure of the government and establishing its powers and limits. But how extensive should those powers be, and where should their limits lie? What are the legitimate functions of government, and what is their proper justification? Should a nation's constitution aim at securing the general welfare of its citizens, and, if so, how is the general welfare to be defined? What protections should a constitution afford to individual rights, and how should these rights be specified?

The essays in this volume–written by prominent philosophers, political scientists, and legal scholars–address these questions and explore related issues. Some essays examine the basic purposes of constitutions and their status as fundamental law. Some deal with specific constitutional provisions: they ask, for example, which branches of government should have the authority to conduct foreign policy, or how the judiciary should be organized, or what role a preamble should play in a nation's founding document. Other essays explore questions of constitutional design: they consider the advantages of a federal system of government, or the challenges of designing a constitution for a pluralistic society–or they ask what form of constitution best promotes personal liberty and economic prosperity.

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Publisher: Cambridge University Press
Print publication year: 2011

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  • Introduction
  • Edited by Ellen Frankel Paul, Bowling Green State University, Ohio, Fred D. Miller, Jr, Bowling Green State University, Ohio, Jeffrey Paul, Bowling Green State University, Ohio
  • Book: What Should Constitutions Do?
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139151528.001
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  • Introduction
  • Edited by Ellen Frankel Paul, Bowling Green State University, Ohio, Fred D. Miller, Jr, Bowling Green State University, Ohio, Jeffrey Paul, Bowling Green State University, Ohio
  • Book: What Should Constitutions Do?
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139151528.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Edited by Ellen Frankel Paul, Bowling Green State University, Ohio, Fred D. Miller, Jr, Bowling Green State University, Ohio, Jeffrey Paul, Bowling Green State University, Ohio
  • Book: What Should Constitutions Do?
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139151528.001
Available formats
×