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Are Constitutions Legitimate?

Andrei Marmor

Abstract

This paper argues that constitutionalism raises some serious concerns of moral legitimacy. Following a preliminary outline of the main features of constitutionalism, the paper presents some of the main moral concerns about the legitimacy of constitutions. It then considers in detail a number of arguments that purport to answer those concerns, arguing that they all fail to meet the challenge. The paper concludes with a brief outline of some of the moral implications of this failure and some suggestions for reform.

Subject Area

Constitutional Law, Jurisprudence

Recommended Citation

Andrei Marmor, "Are Constitutions Legitimate?" (July 2006). University of Southern California. University of Southern California Legal Studies Working Paper Series. Working Paper 11.
http://law.bepress.com/usclwps/lss/art11

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