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Single Idea 21037

[filed under theme 24. Political Theory / B. Nature of a State / 3. Constitutions ]

Full Idea

The fact that a constitution is ratified by the people does not prove that its provisions are just.

Gist of Idea

A ratified constitution may not be a just constitution

Source

Michael J. Sandel (Justice: What's the right thing to do? [2009], 06)

Book Ref

Sandel,Michael J.: 'Justice: what's the right thing to do?' [Penguin 2010], p.143

A Reaction

Yes indeed. And the fact that a majority won a referendum does not make their decision wise. Hence all constitutions must be open to evaluation. Gun laws in the US are the obvious example.

The 19 ideas from 'Justice: What's the right thing to do?'

21028 We can approach justice through welfare, or freedom, or virtue [Sandel]
21027 Justice concerns how a society distributes what it prizes - wealth, rights, power and honours [Sandel]
21032 Speak truth only to those who deserve the truth [Sandel]
21033 Careful evasions of truth at least show respect for it [Sandel]
21030 The categorical imperative is not the Golden Rule, which concerns contingent desires [Sandel]
21031 Man cannot dispose of himself, because he is not a thing to be owned [Sandel]
21034 A just constitution harmonises the different freedoms [Sandel]
21035 Just visiting (and using roads) is hardly ratifying the Constitution [Sandel]
21037 A ratified constitution may not be a just constitution [Sandel]
21038 Does consent create the obligation, or must there be some benefit? [Sandel]
21039 Moral contracts involve both consent and reciprocity; making the deal, and keeping it [Sandel]
21036 Not all deals are fair deals [Sandel]
21040 Libertarians just want formal equality in a free market; the meritocratic view wants fair equality [Sandel]
21042 Should we redress wrongs done by a previous generation? [Sandel]
21043 Distributive justice concern deserts, as well as who gets what [Sandel]
21048 Work is not fair if it is negotiated, even in a fair situation, but if it suits the nature of the worker [Sandel]
21045 Teleological thinking is essential for social and political issues [Sandel]
21049 Liberal freedom was a response to assigned destinies like caste and class [Sandel]
21052 Justice is about how we value things, and not just about distributions [Sandel]