Constitutional Democracy

Janos Kis was a leading intellectual of the democratic opposition in Hungary in the 1970s and 1980s. He was co-founder and first chairman of the Alliance of Free Democrats, Hungary's liberal party and currently is Professor of Philosophy at the Central European University. Budapest. His main professional interests are in moral and political philosophy and in democratic theory

Introduction

ix

Notes

xv

THE COMMON GOOD AND CIVIC VIRTUE

Liberalism and republicanism

3

(6)

The preference-aggregating model

9

(2)

The ethical model: the responsible voter

11

(6)

The ethical model: the relation between private and communal preferences

17

(4)

The ethical model: public debate and voting

21

(4)

On the relation of the two models

25

(4)

Liberalism and the descriptive claims of the ethical model

29

(6)

Virtue in politics

35

(4)

The politics of virtue and personal autonomy

39

(4)

Concluding remarks

43

(10)

Notes

45

(8)

LIBERAL DEMOCRACY -- AGAINST THE COMPROMISE THESIS

Introduction

53

(4)

The conflict

57

(4)

Constitutional constraints, constitutional review

61

(4)

Political equality and rule by the majority

65

(6)

Equality of votes and equality of voters

71

(4)

Contractarian theory: the selection of voting rules

75

(6)

A weakness of contractarian theory

81

(4)

The typology of preferences

85

(6)

Filtering the preferences of the contracting parties

91

(6)

Moral discussion before the contract

97

(6)

The mandate of the guardians of the constitution

103

(6)

Summary and restrictions

109

(11)

Notes

112

(8)

CONSTITUTIONAL REVIEW

Introduction

Two Conceptions

120

(4)

Questions of Principle and Questions of Regulation

124

(3)

The Means of Judicial Interpretation of the Constitution

127

(2)

A Brief Overview of What Follows

129

(4)

Interpreting the constitution

Popular Sovereignty

133

(9)

Only That Which is ``in the Text''

142

(4)

Strict Reading

146

(4)

Historical Readings

150

(2)

Substantive Readings: Structural Interpretations

152

(4)

Substantive Interpretations: the Moral Reading

156

(3)

Special Objections: the Structural Reading

159

(3)

Special Objections: the Moral Reading

162

(5)

Substantive Readings: Critical Interpretation

167

(5)

General Objections against Substantive Reading

172

(3)

Constitution Making

175

(8)

Striking down legislation

Once again on Popular Sovereignty

183

(5)

``The Tyranny of the Majority''

188

(6)

The Power of Self-Binding: Analogies from Individual Action

194

(8)

Communal Agency

202

(6)

Constitutional Self-Binding

208

(12)

Judicial Review, Substantive Reading

220

(6)

The Limits of Constitutional Review

226

(4)

Precautionary Guidelines

230

(5)

Summary

235

(15)

Notes

237

(13)

THE LEGACY OF THE FIRST HUNGARIAN CONSTITUTIONAL COURT

The interpretive practice of the Constitutional Court

The Self-Understanding of the Court: Substantive Reading

250

(3)

Critical Reading: the Abolition of the Death Penalty

253

(7)

Strict Textualism: the Issue of the Legal Status of Fetuses

260

(11)

A Shift in Self-Understanding: Transitional Justice

271

(7)

The Decline of Rights Adjudication

278

(7)

The Upsurge of Welfare Protection

285

(10)

The Paradoxes of Welfare Protection

295

(8)

Summary and a glance to the Future

Theses

303

(2)

Measuring the First Constitutional Court by Our Theses

305

(1)

From ``Legal Revolution'' to the ``Consolidation of the Rule of Law''

306

(15)

Notes

310

(11)

Index

321

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Constitutional Democracy

Author Biography

Table of Contents

Supplemental Materials

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Author Biography

Table of Contents

Supplemental Materials

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