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- Title
American Constitutionalism and Democratic Virtue.
- Authors
Wallach, J.R.
- Abstract
Neither the historical tradition of American constitutionalism nor those who have theorized about it have promoted political or theoretical designs hospitable to the valorization or promotion of democratic virtue. This article illustrates this point by canvassing practical interpretations of the American constitution, from the document of 1787–1791 to Bush v. Gore, and theoretical interpretations from Madison to Rawls, Dworkin, Ackerman, Elster, Holmes, and other contemporary theorists of liberal constitutionalism and natural law. Exposing these roadblocks to the theory and practice of democratic virtue in America, it argues, provides a critical corrective to current debates about the relationship between constitutionalism and democracy.
- Subjects
UNITED States; CONSTITUTIONS; DEMOCRACY
- Publication
Ratio Juris, 2002, Vol 15, Issue 3, p219
- ISSN
0952-1917
- Publication type
Article
- DOI
10.1111/1467-9337.00206