Rawls and Constituent Power

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Questions and Answers

According to Rawls's theory, what is the primary source of legitimacy for a just society's fundamental laws?

The historical continuity of the legal tradition.
The explicit consent of a pre-established legal authority.
Compliance with pre-existing legal norms.
Adherence to the principles of justice as fairness generated through a fair process. (correct)

Which aspect of the constituent power does Rawls's work primarily focus on?

The specific legal procedures for exercising it.
The existing legal frameworks that regulate it.
The historical evolution of its application.
The principles of justice that should guide its exercise. (correct)

In Rawls's view, how is the establishment of fundamental laws best understood?

As a derivative of existing constitutional structures.
As an imposition of an elite group's values on all citizens.
As a function performed exclusively by legal experts.
As rooted in the collective decision-making of the people via social contract tradition. (correct)

What is the main implication of Rawls's ideas for any framework governing the constituent power?

<p>The framework should strictly adhere to the principles of justice as fairness. (B)</p> Signup and view all the answers

Which of the following best characterizes Rawls's approach to the legal framework of the constituent power?

<p>Rawls does not address the constituent power's legal framework directly, but his theory has implications for it. (A)</p> Signup and view all the answers

Flashcards

Constituent Power

The authority to establish the fundamental laws of a society. It's the power to create the very foundation of a political system.

Rawls & Constituent Power

Rawls's theory emphasizes fairness and equality in creating just institutions. He focuses on the principles of justice that should guide the creation of a just society, rather than the legal mechanisms of that creation.

Legitimacy in Rawls's Theory

The idea that a just society is formed when its principles are chosen through fair procedures and reflect widely shared values. This legitimacy comes from the process, not pre-existing laws.

Social Contract and Constituent Power

Rawls suggests that decisions about fundamental laws are rooted in a social contract, where the people, collectively, decide on a state structure reflecting their shared values.

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Justice as Fairness and the Constituent Power

While Rawls doesn't outline a specific legal framework for the constituent power, any framework for establishing initial laws must conform to the principles of justice as fairness. This is implicit in his theory.

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Study Notes

Rawls and the Constituent Power

Rawls does not explicitly detail a specific legal framework for the constituent power. His focus is on the justice principles forming a just society, not the legal mechanisms of establishing it.
Rawls's A Theory of Justice emphasizes fairness and equality in institutional design. The constituent power—the authority to establish fundamental laws—is not directly addressed in legal terms.
Legitimacy is crucial in Rawls's theory. A just society arises from fair procedures and shared values, not pre-existing laws. Legitimacy stems from the process.
Rawls connects decisions on fundamental law to the social contract tradition. The people, collectively, decide on a state structure reflecting considered judgments. This doesn't rely on existing law; it's based on principles from a fair, reflective process.
Rawls does not offer a specific legal framework, yet implicitly suggests any initial legal framework must align with principles of justice as fairness.

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Description

Explore the concepts of justice and legitimacy as presented by John Rawls in his seminal work, A Theory of Justice. This quiz examines how Rawls's principles of fairness and equality relate to the idea of constituent power and the establishment of a just political society.