Conservative legal philosophy created by Adrian Vermeule
This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these template messages)
The neutrality of this article is disputed. Relevant discussion may be found on the talk page. Please do not remove this message until conditions to do so are met.(June 2023) (Learn how and when to remove this message)
The examples and perspective in this article may not include all significant viewpoints. Please improve the article or discuss the issue.(June 2023) (Learn how and when to remove this message)
(Learn how and when to remove this message)
Thomas Aquinas, whose definition of law forms the basis for common good constitutionalism
Judicial interpretation
Forms
Constitutional interpretation
Statutory interpretation
General rules of interpretation
Plain meaning rule
Mischief rule
Golden rule
General theories of interpretation
Living Constitution / Living tree / Living instrument
Originalism (original meaning)
Original intent (legislative intent, legislative history)
Strict constructionism
Textualism
Purposive approach
Common good constitutionalism
Legal realism
Legal process
Legal formalism
v
t
e
Constitutional law of the United States
Overview
Articles
Amendments
History
Judicial review
Principles
Separation of powers
Individual rights
Rule of law
Federalism
Republicanism
Equal footing
Strict scrutiny
Government structure
Legislative branch
Executive branch
Judicial branch
State government
Local government
Individual rights
Freedom of religion
Freedom of speech
Freedom of the press
Freedom of assembly
Right to petition
Freedom of association
Right to keep and bear arms
Right to trial by jury
Criminal procedural rights
Right to privacy
Freedom from slavery
Due process
Equal protection
Citizenship
Voting rights
Right to candidacy
Comprehensible rules
Theory
Living Constitution
Originalism
Substantive due process
Political process theory
Purposivism
Textualism
Strict constructionism
Common good constitutionalism
v
t
e
Common good constitutionalism is a legal theory formulated by Harvard law professor Adrian Vermeule that asserts that "the central aim of the constitutional order is to promote good rule, not to 'protect liberty' as an end in itself".[1] Vermeule describes it as an attempt to revive and develop the classical legal tradition by understanding enacted law as a positive application of background natural law principles.[2] Within this tradition, he claims law is defined as "an ordinance of reason promulgated by political authorities for the common good."[2] Vermeule states that law in this sense is "not tethered to particular written instruments of civil law or the will of the legislators who created them"[1] but instead embody rational determinations of the common good, and it is those determinations, as well as the natural law background against which they are made, which constitute the law. Vermeule says that these principles include "a candid willingness to "legislate morality."[1]
Common good constitutionalism, as first advanced by Adrian Vermeule in 2020, has been described as a derivative of integralism, both of which were created "to combat the legitimate societal threat of modern liberal individualism and reintroduce the spiritual common good into our political and legal discourse."[3] Vermeule himself argues the notion natural law theory is either just coterminous with Catholic political theory is "both historically and theologically erroneous". Vermeule highlights that historically, natural law theory originates with Greek and Roman philosophers, largely before Christianity became dominant. Theologically, Vermeule argues that "Catholicism itself holds that the natural law is written in the hearts of all men, and is in principle accessible to the universal natural reason common to all".[4]
Common good constitutionalism is opposed to both originalism[5] and liberal legal theories such as a living constitution.[6]
^ abcVermeule, Adrian (31 March 2020). "Beyond Originalism". The Atlantic.
^ abCasey, Conor; Vermeule, Adrian (2022-02-09). "Myths of Common Good Constitutionalism". Harvard Journal of Law and Public Policy. 45 (1): 103–146. SSRN 4030763.{{cite journal}}: CS1 maint: date and year (link)
^Frohnen, Bruce P. (14 April 2022). "Common Good Constitutionalism and the Problem of Administrative Absolutism". Ohio Northern University College of Law. SSRN 4083882. Retrieved 13 June 2022.
^Vermeule, Adrian. "The Common Good as a Universal Framework". Balkinization. Retrieved 29 August 2022.[user-generated source?]
^Baude, William; Sachs, Stephen E (January 2023). "The 'Common-Good' Manifesto". Harvard Law Review. 136 (3): 861–906.
^Ward, Ian (9 December 2022). "Critics Call It Theocratic and Authoritarian. Young Conservatives Call It an Exciting New Legal Theory". POLITICO.
and 27 Related for: Common good constitutionalism information
Commongoodconstitutionalism is a legal theory formulated by Harvard law professor Adrian Vermeule that asserts that "the central aim of the constitutional...
Catholic integralism. He has articulated this into his theory of common-goodconstitutionalism. Vermeule was born May 2, 1968. Vermeule graduated from Harvard...
natural law, including commongoodconstitutionalism. Proposed and popularized by Adrian Vermeule, commongoodconstitutionalism was developed like integralism...
not stay to be burnt". Constitutionalism Judicial activism Judicial restraint Originalism Textualism Antonin Scalia. "Common-Law Courts in a Civil-Law...
which looked to the dictionary definitions of words, without reference to common public understanding or context. Textualism looks to the ordinary meaning...
That's flexibility. Professor Michael Ramsey has criticized living constitutionalism on the grounds that there are very few limits on what it could achieve...
an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause...
theorize a "middle-ground position" and fusion of originalism and commongoodconstitutionalism. With the natural law scholar Hadley Arkes, Matthew Peterson...
one is above the law". The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to...
case in the former Francoist Spain). Civil rights Constitutional law Constitutionalism Fundamental rights Human rights Inalienable rights Natural rights...
Constitution Originalism Substantive due process Political process theory Purposivism Textualism Strict constructionism Commongoodconstitutionalism v t e...
Constitution Originalism Substantive due process Political process theory Purposivism Textualism Strict constructionism Commongoodconstitutionalism v t e...
tension is especially interesting in common law, which depends on judicial precedent. The claim to fame of common law systems is that the task of developing...
public policy, prejudices, and experience. In the opening paragraph of The Common Law, he wrote: The life of the law has not been logic: it has been experience...
Constitution Originalism Substantive due process Political process theory Purposivism Textualism Strict constructionism Commongoodconstitutionalism v t e...
significant legal evolution being driven by judges misusing (to them) the common law framework. Instead, Originalists argue for democratic modifications...
canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation...
Justice Scalia By Ralph A. Rossum, Salvatori Professor of American Constitutionalism, Claremont McKenna College Legislative History of Federal Statutes...
Constitution Originalism Substantive due process Political process theory Purposivism Textualism Strict constructionism Commongoodconstitutionalism v t e...
exact position of each component may vary, there are certain components common to most state governments: Office of the Governor Office of the Lieutenant...
temporarily took over a seat vacated by the death of her husband – the most common path to Congress for white women. Women candidates began making substantial...
whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against...
referred to as eiusdem generis does not apply. Constitutional economics Constitutionalism Jurisprudence Rule according to higher law Separation of powers Statutory...
committee report which suggests an intent that the judge thinks would be a good result.[8] (The intent can be ascertained so far as the authors of the legislation...
Global Information
