Two concepts of constitutional legitimacy

Abstract What legitimates constitutions? One standard answer is that constitutions are legitimate only if they represent the people govern. This article identifies two different conceptions of representation. Representation can be grounded either in consent or will citizens when constitution reflects ‘real’ identity members nation. Alternatively, it sometimes stated because promotes justice or, more generally, reason. While typically both claims to and concerning justness wisdom constitutional provisions, we establish there types constitutions: primarily representational (e.g. US Constitution) reason-based German Constitution). We also show this distinction has important ramifications for how drafted ratified, operate. central implication legitimacy make weak representation – example, imposed by foreign powers still defended on grounds.