Conclusion: The Cloaking of Power and the Perpetuation of Constitutionalism

in The Cloaking of Power

Published by University of Chicago Press

Published in print June 2003 | ISBN: 9780226094823
Published online March 2013 | e-ISBN: 9780226094830 | DOI:
Conclusion: The Cloaking of Power and the Perpetuation of Constitutionalism

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This chapter concludes the views about the judicialized liberalism that inquires of politics, law, and rights favored by the original, Montesquieuan project for cloaking power and eventually, by the legislative judiciary of Holmesean legal realism. The reconception of liberalism has been challenged by a range of contemporary political theorists who warn about a judicialized politics that reduces any higher civic and moral aims to litigious disputes about individual claims and entitlements. Rediscovery of the Montesquieuan legacy in modern constitutionalism points to an intrinsic relation among a complex constitutionalism, republicanism, and the principles of natural right. Montesquieu and his disciple Blackstone might understand if their views are balanced with resources of jurisprudential tradition that moderate their weaknesses while making the most of their virtues.

Keywords: judicialized liberalism; Montesquieuan project; cloaking power; Holmesean legal realism; constitutionalism; jurisprudential tradition

Chapter.  3194 words. 

Subjects: Political Theory

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