What Should Constitutions Do?

In this collection, legal scholars, political scientists and philosophers address questions of constitutional purpose, design and law from many viewpoints.

Ellen Frankel Paul (Edited by), Fred D. Miller, Jr (Edited by), Jeffrey Paul (Edited by)

9780521175531, Cambridge University Press

Paperback, published 31 January 2011

354 pages
22.8 x 15.2 x 1.8 cm, 0.47 kg

The essays in this volume - written by prominent philosophers, political scientists and legal scholars - address 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.

1. What are constitutions, and what should (and can) they do? Larry Alexander
2. Constitution and fundamental law: the lesson of Classical Athens John David Lewis
3. Contract, covenant, constitution Loren E. Lomasky
4. Constitutionalism in the age of terror Michael Zuckert and Peter Valenzuela
5. The liberal constitution and foreign affairs Fernando R. Tesón
6. Do constitutions have a point? Reflections on 'parchment barriers' and preambles Sanford Levinson
7. The origins of an independent judiciary in New York, 1621–1777 Scott D. Gerber
8. Foot voting, political ignorance, and constitutional design Ilya Somin
9. Pluralist constitutionalism William A. Galston
10. Deliberative democracy and constitutions James S. Fishkin
11. The constitution of nondomination Guido Pincione
12. Can we design an optimal constitution? Of structural ambiguity and rights clarity Richard A. Epstein.

Subject Areas: Political science & theory [JPA], Social & political philosophy [HPS]