The General Will Constitution: Rousseau as a Constitutionalist
Моя студия върху конституционализма на Жан-Жак Русо, в сборника Constitutions and the Classics. Patterns of Constitutional Thought from Fortescue to Bentham, edited by prof. Denis Galligan, Oxford University Press, forthcoming December 2014
http://ukcatalogue.oup.com/product/9780198714989.do
Кратко резюме на текста:
In this text I look at the constitutional features of Rousseau’s ‘association of the general will’ and address the issue of whether and how the tension between popular sovereignty and limited government is resolved there. First I provide an account of Rousseau’s arguments for popular sovereignty and outline the main features of his ‘аssociation of the general will’. It is an association, where the rule of the general will does not deprive any of the associates of his freedom and the interests of each are equally well served. Then, I look at the issue of constitutional beginning: (1) how the sovereign is constituted: how a mere aggregate of individuals becomes an association of the general will with the above properties; and (2) how its general will is shaped. The godly Legislator as Rousseau’s controversial solution to the problem of constitutional beginning is the focus of the second part. The last is organized around the more strictly ‘constitutional’ features of Rousseau’s project. What role does Rousseau envisage for constitutional safeguards of individual freedom within the association of the general will? I discuss in detail here his doctrine of limited government as involving supremacy and separation of the sovereign from its government. Rousseau’s account of the rule of law, as well as the related controversy over the purported limits on the general will are next addressed. Rousseau’s understanding of individual rights protection and his likely response to the charge of tyrannical majorities within the association of the general will are the focus of the concluding section of this text
Моя студия върху конституционализма на Жан-Жак Русо, в сборника Constitutions and the Classics. Patterns of Constitutional Thought from Fortescue to Bentham, edited by prof. Denis Galligan, Oxford University Press, forthcoming December 2014
http://ukcatalogue.oup.com/product/9780198714989.do
Кратко резюме на текста:
In this text I look at the constitutional features of Rousseau’s ‘association of the general will’ and address the issue of whether and how the tension between popular sovereignty and limited government is resolved there. First I provide an account of Rousseau’s arguments for popular sovereignty and outline the main features of his ‘аssociation of the general will’. It is an association, where the rule of the general will does not deprive any of the associates of his freedom and the interests of each are equally well served. Then, I look at the issue of constitutional beginning: (1) how the sovereign is constituted: how a mere aggregate of individuals becomes an association of the general will with the above properties; and (2) how its general will is shaped. The godly Legislator as Rousseau’s controversial solution to the problem of constitutional beginning is the focus of the second part. The last is organized around the more strictly ‘constitutional’ features of Rousseau’s project. What role does Rousseau envisage for constitutional safeguards of individual freedom within the association of the general will? I discuss in detail here his doctrine of limited government as involving supremacy and separation of the sovereign from its government. Rousseau’s account of the rule of law, as well as the related controversy over the purported limits on the general will are next addressed. Rousseau’s understanding of individual rights protection and his likely response to the charge of tyrannical majorities within the association of the general will are the focus of the concluding section of this text
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