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  1. Political-Liberal Legitimacy and the Question of Judicial Restraint.Frank I. Michelman - 2019 - Jus Cogens 1 (1):59-75.
    The term “judicial restraint,” applied to courts engaged in judicial constitutional review, may refer to any one or more of three possible postures of such courts, which we here will distinguish as “quiescent,” “tolerant,” and “weak-form.” A quiescent court deploys its powers sparingly, strictly limiting the agenda of social disputes on which it will pronounce in the constitution’s name. A tolerant court confirms as valid laws whose constitutional compatibility it finds to be reasonable sustainable, even though it independently would conclude (...)
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  • The Basic Liberties: An Essay on Analytical Specification.Stephen K. McLeod & Attila Tanyi - forthcoming - European Journal of Political Theory.
    We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...)
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  • In Defense of Moderate Inclusivism: Revisiting Rawls and Habermas on Religion in the Public Sphere.Jonas Jakobsen & Kjersti Fjørtoft - 2018 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:143-157.
    The paper discusses Rawls’ and Habermas’ theories of deliberative democracy, focusing on the question of religious reasons in political discourse. Whereas Rawls as well as Habermas defend a fully inclusivist position on the use of religious reasons in the ‘background culture’ or ‘informal public sphere’, we defend a moderately inclusivist position. Moderate inclusivism welcomes religiously inspired contributions to public debate, but it also makes normative demands on public argumentation beyond the ‘public forum’ or ‘formal public sphere’. In particular, moderate inclusivism (...)
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