Constitutional Public Reason

This book shows how public reason is both central and useful for thinking about legitimacy in constitutional law and theory. It helps academics to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world and in the supranational sphere.

List of contents

• Preface


• Part I: Public Reason and Its Discontents


• 1: Justifying Public Reason


• 2: The Parameters of Public Reason


• 3: Defending Public Reason


• Part II: Constitutional Public Reason in Municipal Law


• 4: Motive-Based Judicial Review: Introduction


• 5: Problems with Motive-Based Scrutiny and Some Judicial Solutions


• 6: Freedom of Speech, Viewpoint Regulation, and Wrongful Legislative Motives


• 7: Illicit Legislative Intentions in the Separation of State and Religion


• 8: Standards of Scrutiny, Equal Protection, and Illicit Motives for Discrimination


• Part III: Supranational Public Reason


• 9: Constitutional Legitimacy beyond the State


• 10: European Court of Human Rights in Pursuit of Public Reason?


• Afterword

About the author

Wojciech Sadurski is Challis Professor of Jurisprudence at the University of Sydney and a Professor at the University of Warsaw, Centre for Europe. He has previously held a professorship at the European University Institute in Florence from 1999-to 2009 (where he served as head of the department of law in 2003-2006), and he has taught most recently at New York University School of Law, Yale Law School, Fordham Law School, and the University of Parma. Professor Sadurski is a member of several supervisory or program boards, including the International Association of Constitutional Law, ICON-S, and the Institute of Public Affairs (Poland).

Summary

This book shows how public reason is both central and useful for thinking about legitimacy in constitutional law and theory. It helps academics to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world and in the supranational sphere.

Product details

• Authors: Wojciech Sadurski, Wojciech (Challis Chair in Jurisprudence Sadurski, Sadurski Wojciech
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 30.11.2022
• EAN: 9780192869678
• ISBN: 978-0-19-286967-8
• No. of pages: 416
• Subjects: Humanities, art, music > Philosophy > General, dictionaries; Non-fiction book > Philosophy, religion > Miscellaneous; Social sciences, law, business > Law > International law, foreign law; PHILOSOPHY / Social, PHILOSOPHY / Political, LAW / Constitutional, LAW / Comparative, Social & political philosophy, Political science & theory, social and political philosophy, comparative law, Political science and theory, Constitutional & administrative law, Constitutional and administrative law: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law