Constitutional Design and the Point of Constitutional Law

Casey, Conor ORCID: 0000-0002-7428-1621 (2022) Constitutional Design and the Point of Constitutional Law. The American Journal of Jurisprudence, 67 (2). pp. 173-197.

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Official URL: http://dx.doi.org/10.1093/ajj/auac010

Abstract

<jats:title>Abstract:</jats:title> <jats:p>This essay offers an account of the diverse range of rich insights Professor Finnis’s work offers for several perennial questions of constitutional theory: such as what valuable moral ends constitutional law serves, how best to approach the design of constitutional arrangements and institutions, and how to best approach constitutional interpretation. I proceed in four parts. The first two parts begin by looking at Finnis’s treatment of the purpose of law as a social practice and then, more specifically, the point or purpose of channeling political power through constitutional law. Having outlined the point or purpose of constitutional law and constitutional institutions, I then probe what Finnis has to say about questions of constitutional design. Finally, I give an account of how Finnis’s work approaches constitutional interpretation.</jats:p>

Item Type:	Article
Divisions:	Faculty of Humanities and Social Sciences > School of Law and Social Justice
Depositing User:	Symplectic Admin
Date Deposited:	30 Aug 2022 14:47
Last Modified:	19 Apr 2023 19:45
DOI:	10.1093/ajj/auac010
Related URLs:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3162344