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Incompletely Theorized Agreements in Constitutional Law.
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- Author(s): Sunstein, Cass R.
- Source:
Social Research. Spring2007, Vol. 74 Issue 1, p1-24. 24p.
- Additional Information
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- Abstract:
In this essay, the author deals with two issues---constitution-making and constitutional interpretation. Her basic suggestion is that people can often agree on constitutional practices, and even on constitutional rights, when they cannot agree on constitutional theories. She asserts that well-functioning constitutional orders try to solve problems through incompletely theorized agreements. The author concludes that incompletely theorized agreements help illuminate an enduring constitutional and indeed social puzzle: how members of diverse societies can work together on terms of mutual respect amid sharp disagreements about both the right and the good.
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