JOURNAL ARTICLE
Between Authority and Usurpation? Common Good and Constitutional Government.
Published In: American Journal of Jurisprudence, 2024, v. 69, n. 1. P. 45 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Ekins, Richard 3 of 3
Abstract
This article critically examines Adrian Vermeule's book *Common Good Constitutionalism*, focusing on its treatment of authority, usurpation, and the nature of constitutional government. Vermeule advocates a classical tradition of constitutionalism that prioritizes the common good as the object of government and supports strong, lawful authority exercised for that good, contrasting with liberal constitutionalism's emphasis on political fairness and pluralism. While the article acknowledges Vermeule's compelling philosophy of government, it critiques his reliance on Ronald Dworkin's legal reasoning theory, arguing that it undermines the classical tradition's emphasis on legislative authority and the rule of law. The discussion further explores the scope of the common good, collective agency, and the contingency of constitutional arrangements, emphasizing that lawful authority should be maintained and usurpation avoided, with constitutional government ideally commanding popular support through representative institutions.
Additional Information
- Source:American Journal of Jurisprudence. 2024/06, Vol. 69, Issue 1, p45
- Document Type:Article
- Subject Area:Social Sciences and Humanities
- Publication Date:2024
- ISSN:0065-8995
- DOI:10.1093/ajj/auae008
- Accession Number:179375806
- Copyright Statement:Copyright of American Journal of Jurisprudence is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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