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PLURALIST CONSTITUTIONALISM

  • William A. Galston (a1)
  • DOI: http://dx.doi.org/10.1017/S0265052510000117
  • Published online: 30 November 2010
Abstract
Abstract

This essay explores the ways in which a broadly pluralist outlook can help illuminate longstanding issues of constitutional theory and practice. It begins with a common-sense understanding of pluralism as the diversity of observed practices within a general category (section 2). It turns out that many assumptions Americans and others often make about constitutional essentials are valid only locally but not generically. The essay then turns to pluralism in a more technical and philosophical sense—specifically, the account of value pluralism adumbrated by Isaiah Berlin and developed by his followers. Section 3 sketches this version of pluralism, and section 4 brings it to bear on a range of familiar constitutional issues. In the process, a distinction emerges between, on the one hand, areas of variation among constitutions and, on the other, some general truths about political life that define core constitutional functions. The essay concludes (section 5) with some brief reflections on the normative thrust of pluralist constitutional theory—in particular, a presumption in favor of the maximum accommodation of individual and group differences consistent with the maintenance of constitutional unity and civic order.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

Larry Alexander , “Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues,” in Grant Huscroft , ed., Expounding the Constitution: Essays in Constitutional Theory (New York: Cambridge University Press, 2008)

Aristotle, Politics 1251a3, 1251a30, trans. Carnes Lord (Chicago: The University of Chicago Press, 1984)

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Social Philosophy and Policy
  • ISSN: 0265-0525
  • EISSN: 1471-6437
  • URL: /core/journals/social-philosophy-and-policy
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