Constitutionalism as a Moral Project: Between Legal Authority and Political Obligation

This essay argues that constitutionalism should be seen as a moral endeavour, mediating between the ethical demands of political duty and the normative assertions of legal power, rather than merely as a legal or institutional structure. The study examines how constitutions create, defend, and uphold duties of obedience among individuals and organizations by establishing constitutional legitimacy in moral philosophy. To demonstrate that constitutionalism inhabits a distinct normative space-it is both a framework of legal compulsion and an ethical community of shared commitments-it draws on the writings of John Rawls, Joseph Raz, Hannah Arendt, and Jeremy Waldron. According to the paper's conclusion, constitutionalism can only be successful if it can resolve the conflict between power and autonomy-between the rule of law and the citizen's conscience.

Institutions

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-11-12
DOI
https://doi.org/10.5281/zenodo.17585169
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Constitutionalism as a Moral Project: Between Legal Authority and Political Obligation

Zenodo (CERN European Organization for Nuclear Research)
Judicial and Constitutional Studies
article

Constitutionalism as a Moral Project: Between Legal Authority and Political Obligation

article en

Abstract

This essay argues that constitutionalism should be seen as a moral endeavour, mediating between the ethical demands of political duty and the normative assertions of legal power, rather than merely as a legal or institutional structure. The study examines how constitutions create, defend, and uphold duties of obedience among individuals and organizations by establishing constitutional legitimacy in moral philosophy. To demonstrate that constitutionalism inhabits a distinct normative space-it is both a framework of legal compulsion and an ethical community of shared commitments-it draws on the writings of John Rawls, Joseph Raz, Hannah Arendt, and Jeremy Waldron. According to the paper's conclusion, constitutionalism can only be successful if it can resolve the conflict between power and autonomy-between the rule of law and the citizen's conscience.

Zenodo (CERN European Organization for Nuclear Research)
Leading University (BD), Discovery Centre (CA), Legal Aid New South Wales (AU)
Peace, Justice and strong institutions
Openalex Percentile: Top 29%
Judicial and Constitutional Studies
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Constitutionalism as a Moral Project: Between Legal Authority and Political Obligation · Zenodo (CERN European Organization for Nuclear Research) (2025) | TGRS Research Map | TGRS