The Authoritarian Nature of Common Good Constitutionalism.

This article critically examines the project of common good constitutionalism, a conservative legal theory advanced by Adrian Vermeule that seeks to replace modern liberal and positivist constitutionalism with a revival of classical natural law jurisprudence centered on the common good. Drawing on Ronald Dworkin’s interpretive method but rejecting his liberal conclusions, common good constitutionalism advocates judicial interpretation guided by moral principles rather than strict adherence to constitutional text or popular sovereignty. The theory notably dismisses democracy’s intrinsic value, emphasizing stability and the common good over democratic legitimacy, and suggests a strong executive authority as necessary for constitutional order. While its proponents reject charges of authoritarianism, critics highlight its ambivalence toward democratic principles and its potential to justify executive dominance, situating it as a significant intervention in contemporary constitutional debates.