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International Journal of Constitutional Law
Article . 2024 . Peer-reviewed
License: OUP Standard Publication Reuse
Data sources: Crossref
SSRN Electronic Journal
Article . 2023 . Peer-reviewed
Data sources: Crossref
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(Political) political liberalism and the constitutional project

Authors: Ming-Sung Kuo;

(Political) political liberalism and the constitutional project

Abstract

Abstract This review essay follows Alessandro Ferrara and Frank Michelman’s dialogic journey into the legitimation-by-constitution idea, which they submit as the institutional expression of political liberalism in Legitimation by Constitution: A Dialogue on Political Liberalism, to illustrate the challenges for contemporary philosophy of political liberalism in its transposition to the constitutional project. It argues that Ferrara and Michelman’s liberal endeavor to answer the fundamental questions surrounding political liberalism rests on a normative conception of identity, which eventually leads them to a dilemma: the project of constitutional democracy they defend and justify is sustained by a liberal ethos, while it is tasked to accommodate those who do not value the liberal form of life. Instead of choosing between the project of constitutional democracy and their liberal soul, Ferrara and Michelman eventually offer a thin constitutional account of political liberalism resembling the international legal order amidst the retrenchment of the liberal ethos. It contends that what liberal democracies need from political liberalism in battling antiliberal forces is not more political philosophy but rather something akin to what Jeremy Waldron calls “political political theory.” It is suggested that political liberalism take a political turn to confront antiliberal forces with an enriched rather than diluted constitutional project.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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Average
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