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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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  • Justification by constitution and tiered constitutional design?Rosalind Dixon - 2024 - Philosophy and Social Criticism 50 (7):1051-1063.
    Constitutions serve to legitimate the exercise of public power. Yet their scope is often subject to reasonable disagreement among citizens in a democracy. As Frank Michelman notes, this points to an understanding of democratic constitutions as a framework for contestation, rather than entrenched set of binding legal constraints. This understanding, however, arguably overlooks the difference between ordinary constitutional norms and those that protect the ‘democratic minimum core’. For the latter, there is far less scope for reasonable disagreement, and greater prudential (...)
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  • Question pursuit as an epistemic stance.Hakob Barseghyan - 2022 - Studies in History and Philosophy of Science Part A 94 (C):112-120.
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