Document Type
Article
Publication Date
Spring 2008
ISSN
0742-7115
Publisher
University of Minnesota Law School
Language
en-US
Abstract
This is a review of Howard Schweber's book, "The Language of Liberal Constitutionalism" (Cambridge University Press, 2007). Schweber argues that "the creation of a legitimate constitutional regime depends on a prior commitment to employ constitutional language, and that such a commitment is both the necessary and sufficient condition for constitution making." I critique the power and limits of this reformulated Lockean thesis, as well as Schweber's secondary claims that, for constitutional language to remain legitimate, it must increasingly become autonomous, specialized, and secular.
Recommended Citation
Robert L. Tsai,
Sovereignty as Discourse
,
in
25
Constitutional Commentary
157
(2008).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3177