The authoritarian nature of common good constitutionalism

Wilkinson, Michael ORCID: 0000-0003-1544-1821 (2024) The authoritarian nature of common good constitutionalism. American Journal of Jurisprudence. ISSN 0065-8995 (In Press)

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Abstract

How are we to evaluate the project of common good constitutionalism? This new movement, which dismisses positivism and liberalism, progressivism and originalism, aims to overturn the entire canon of modern political and constitutional theory. In its place, it aims to restore a classical tradition of natural law jurisprudence, which is said to have been lost over the last century of constitutional law and practice. In so doing it uses one of liberalism’s own juristic heroes, Ronald Dworkin, in order to free conservatism from the tethers of fidelity to constitutional text and to the principle of popular sovereignty underwriting it. Common good constitutionalism’s intervention in the constitutional culture wars of the present is authoritarian not because of its opposition to liberalism, but because of its steadfast refusal of any link between constitutional authority and democracy.

Item Type:	Article
Additional Information:	© 2024 Oxford University Press
Divisions:	Law
Subjects:	K Law
Date Deposited:	21 May 2024 09:24
Last Modified:	01 Jul 2024 23:14
URI:	http://eprints.lse.ac.uk/id/eprint/123542

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