{"title":"宪法是制定法律的法律:对弗兰克-米歇尔曼《宪法要义》的评论","authors":"Oliver Gerstenberg","doi":"10.1177/01914537241263284","DOIUrl":null,"url":null,"abstract":"A crucial insight in Michelman’s ‘Constitutional Essentials’ is that constitutions may serve a justificatory or proceduralizing aim in modern liberal democracies. Yet the pervasiveness of moral disagreement – all-the-way-up; all-the-way-down – suggests, as I will argue, a democratic-experimentalist turn, which focuses on a non-hierarchical process of stakeholder deliberation and the court’s role in instigating and overseeing that process, ensuring non-domination. I believe that Frank is exactly right in arguing that a liberally justification-worthy political framework-law-in-place is normatively necessary for democratic politics to succeed in divided societies. But I want to suggest that democratic experimentalism can offer further support to this claim.","PeriodicalId":46930,"journal":{"name":"PHILOSOPHY & SOCIAL CRITICISM","volume":"73 1","pages":""},"PeriodicalIF":0.6000,"publicationDate":"2024-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The constitution as a law of lawmaking: Comments on Frank Michelman’s constitutional essentials\",\"authors\":\"Oliver Gerstenberg\",\"doi\":\"10.1177/01914537241263284\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"A crucial insight in Michelman’s ‘Constitutional Essentials’ is that constitutions may serve a justificatory or proceduralizing aim in modern liberal democracies. Yet the pervasiveness of moral disagreement – all-the-way-up; all-the-way-down – suggests, as I will argue, a democratic-experimentalist turn, which focuses on a non-hierarchical process of stakeholder deliberation and the court’s role in instigating and overseeing that process, ensuring non-domination. I believe that Frank is exactly right in arguing that a liberally justification-worthy political framework-law-in-place is normatively necessary for democratic politics to succeed in divided societies. But I want to suggest that democratic experimentalism can offer further support to this claim.\",\"PeriodicalId\":46930,\"journal\":{\"name\":\"PHILOSOPHY & SOCIAL CRITICISM\",\"volume\":\"73 1\",\"pages\":\"\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2024-07-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"PHILOSOPHY & SOCIAL CRITICISM\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1177/01914537241263284\",\"RegionNum\":3,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"PHILOSOPHY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"PHILOSOPHY & SOCIAL CRITICISM","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1177/01914537241263284","RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"PHILOSOPHY","Score":null,"Total":0}
The constitution as a law of lawmaking: Comments on Frank Michelman’s constitutional essentials
A crucial insight in Michelman’s ‘Constitutional Essentials’ is that constitutions may serve a justificatory or proceduralizing aim in modern liberal democracies. Yet the pervasiveness of moral disagreement – all-the-way-up; all-the-way-down – suggests, as I will argue, a democratic-experimentalist turn, which focuses on a non-hierarchical process of stakeholder deliberation and the court’s role in instigating and overseeing that process, ensuring non-domination. I believe that Frank is exactly right in arguing that a liberally justification-worthy political framework-law-in-place is normatively necessary for democratic politics to succeed in divided societies. But I want to suggest that democratic experimentalism can offer further support to this claim.
期刊介绍:
In modern industrial society reason cannot be separated from practical life. At their interface a critical attitude is forged. Philosophy & Social Criticism wishes to foster this attitude through the publication of essays in philosophy and politics, philosophy and social theory, socio-economic thought, critique of science, theory and praxis. We provide a forum for open scholarly discussion of these issues from a critical-historical point of view. Philosophy & Social Criticism presents an international range of theory and critique, emphasizing the contribution of continental scholarship as it affects major contemporary debates.