Philosophy Dictionary of ArgumentsHome
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| Constitution: a constitution is the supreme law of a state. It sets out the fundamental principles by which the state is governed, such as the powers of the government, the rights of the citizens, and the relationship between the government and the citizens._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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John Rawls on Constitution - Dictionary of Arguments
I 197 Constitution/Rawls: we must distinguish between two problems: 1. establish a fair procedure that ensures the right outcome. This would be the case if the political process were governed by a constitution. The Constitution must guarantee equal rights for all citizens, such as freedom of thought, personal freedom and equal political rights. I 198 Nevertheless, each procedure can produce an unfair result - there is no system that excludes it. We must therefore identify the systems that are most likely to produce a fair result. Rawls: I assume that our two principles of justice provide an independent standard for judging: (See: I 61 Principles/Justice/Rawls: 1. every person must have the same right to the widest possible fundamental freedom, insofar as it is compatible with the same freedom for others. 2. social and economic inequalities shall be arranged in such a way that they (a) are reasonably expectable for everyone's benefit; and (b) are linked to positions and administrative procedures that can be held by anyone.) I 199 The primary standard for a fair constitution is then the first principle of equal freedom. The second principle is added in legislation. >Legislation/Rawls. In the course of the process, more and more contingent facts become known to the participants. I 221 Constitution/justice/Rawls: in connection with the political process, I call the principle of equal freedoms the principle of equal participation. It means that all citizens have an equal right to participate in the constitutional process and to have a say in its outcome._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Rawl I J. Rawls A Theory of Justice: Original Edition Oxford 2005 |
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Ed. Martin Schulz, access date 2024-04-18