A Kantian system of constitutional justice: Rights, trusteeship, balancing
Abstract
: The article develops a Kantian account of constitutional justice: the explication of those structural features of a legal system whose purpose is to optimise a polity’s capacity to achieve a Rightful condition. The People, in enacting a rights-based constitution, have placed their freedom in trust. Rights ground a system of reciprocal freedom among individuals, while conferring on officials the authority to make and enforce law, subject to...
Paper Details
Title
A Kantian system of constitutional justice: Rights, trusteeship, balancing
Published Date
Nov 1, 2017
Journal
Volume
6
Issue
3
Pages
377 - 411
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