Subjectivism and Constitutionalism

Should Progressive Constitutionalism Embrace Popular Constitutionalism?

There are two conceptions of progressive constitutionalism explored in this Symposium. The first is of progressive constitutionalism as, first and foremost, a programmatic agenda, focused on how progressives’ “distinctive constitutional vision may best be transmuted into claims of constitutional law.”1 To the extent that this constitutional vision entails only a set of policy preferences (e.g.,...

Subjectivism in Ethics

Subjectivism in Ethics Take any action allowʹd to be vicious: Wilful murder, for instance. Examine it in all lights, and see if you can find that matter of fact, or real existence, which you call vice. . . You can never find it, till you turn your reflexion into your own breast, and find a sentiment of disapprobation, which arises in you, toward this action. Here is a matter of fact; but ʹtis ...

Political constitutionalism

For ‘legal constitutionalists’, written constitutions, constitutive of the legal and political system, superior to other legislation, entrenched against change, and enumerating justiciable rights, guarantee equal respect and concern for all citizens. Judicial review is thus an essential support of democracy. In this book, Richard Bellamy offers a robust argument against this view of constitutio...

Unity of Objectivism and Subjectivism

ethnic language, nationalistic attunement with Hegelianism, Neokantianism, Lebensphilosophy, phenomenology, Heideggerianism, Marxism, and postmodernism. On the other side, more objective German philosophers stay on positions where normal, scientific standards of clarity and cross-territorial intertranslatability prevail (e.g., Humboldt, Herbart, Helmholtz, Hertz, Hilbert, coming to philosophy f...

New Governance , Law and Constitutionalism