Jump to ContentJump to Main Navigation
Where Our Protection LiesSeparation of Powers and Constitutional Review$
Users without a subscription are not able to see the full content.

Dimitrios Kyritsis

Print publication date: 2017

Print ISBN-13: 9780199672257

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780199672257.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 June 2021

The Possibility of Constitutional Theory

The Possibility of Constitutional Theory

(p.1) 1 The Possibility of Constitutional Theory
Where Our Protection Lies

Dimitrios Kyritsis

Oxford University Press

This chapter sets out the main tenets of moralized constitutional theory, which supplies the methodology of the book. According to moralized constitutional theory the purpose of constitutional law is to buttress the legitimacy of a political regime by furnishing standing assurances that government power will be used properly. Although moralized constitutional theory maintains that contentious constitutional law issues are ultimately determined by principles of political morality, it is compatible with both legal positivism and anti-positivism. Moreover, it does not ignore either the history of different legal systems or considerations of political exigency to which constitutions are also sensitive. But it insists that the overarching reason history and political exigency matter is a moral one. Nor does moralized constitutional theory block reform. It is only meant to answer the pressing moral question under what conditions state coercion is warranted here and now.

Keywords:   constitutional theory, legitimacy, moral disagreement, loyal opposition, political stability, political realism, common law constitutionalism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .