Constitutional Essentials

Frank I. Michelman is the Robert Walmsley University Professor, Emeritus, Harvard University. He is past President of the American Society for Political and Legal Philosophy, a fellow of the American Academy of Arts and Sciences, a past Co-Director of the annual Prague Conference on Philosophy and Social Science, and has served on the Board of Directors of the United States Association of Constitutional Law and the National Advisory Board of the American Constitution Society. In 2005, Professor Michelman was awarded the American Philosophical Society's Phillips Prize in Jurisprudence and, in 2004, the Brigham-Kanner Property Rights Prize.

List of Abbreviations
Foreword
Introduction

PART I. JUSTIFICATION-BY-CONSTITUTION

Chapter 1. The Constitution as Procedural Recourse: Rawls's "Liberal Principle of Legitimacy"
Chapter 2. A Fixation Thesis and a Secondary Proceduralization: Constitution as Positive Law
Chapter 3. Constitutional Essentials. A Singularity of Reason, or a Space of Reasonability?
Chapter 4. Constitutional Law and Human Rights: The Call to Civility
Chapter 5. Constitutional Fidelity: Of Courts, Citizens, and Time
Chapter 6. A Realistic Utopia?

PART II. "THE CRITERION OF RECIPROCITY"

Chapter 7. Legitimacy: Procedural Compliance or Ethical Attitude?
Chapter 8. Offsets to Proceduralism

PART III. SOME CHRONIC DEBATES

Chapter 9. Constitutional Application: Between Will and Reason
Chapter 10. Justification-By-Constitution, Economic Guarantees, and the Rise of Weak-Form Review
Chapter 11. Judicial Restraint (and Judicial Supremacy)
Chapter 12. Legal Formalism and The Rule of Law
Chapter 13. Constitutional Rights and "Private" Legal Relations
Chapter 14. Liberal Tolerance to Liberal Collapse?

Bibliography