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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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  • Normativism and realism within contemporary democratic constitutionalism.Valerio Fabbrizi - 2018 - Philosophy and Social Criticism 44 (6):1-21.
    The renewed interest on political realism can offer a new reading of the traditional dichotomy between normative and realist conception of constitutionalism. The purpose of this article is to analyse this renewed discussion, especially by focusing on the relationship between “political realism” and “political constitutionalism,” in the light of some theorists and authors—such as Richard Bellamy and Jeremy Waldron. After a brief introduction in which political realism will be discussed, especially through Bernard Williams’ reinterpretation, the article proposes a rereading of (...)
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  • Authority, legitimacy, and democracy: Narrowing the gap between normativism and realism.Alessandro Ferrara - 2020 - Constellations 27 (4):655-669.
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