Common good constitutionalism

Thomas Aquinas, whose definition of law forms the basis for common good constitutionalism
Judicial interpretation
Forms
General rules of interpretation
General theories of interpretation
Constitutional law
of the United States
Overview
Principles
Government structure
Individual rights
Theory

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]

  1. ^ a b c Vermeule, Adrian (31 March 2020). "Beyond Originalism". The Atlantic.
  2. ^ a b Casey, 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)
  3. ^ 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.
  4. ^ Vermeule, Adrian. "The Common Good as a Universal Framework". Balkinization. Retrieved 29 August 2022.[user-generated source?]
  5. ^ Baude, William; Sachs, Stephen E (January 2023). "The 'Common-Good' Manifesto". Harvard Law Review. 136 (3): 861–906.
  6. ^ Ward, Ian (9 December 2022). "Critics Call It Theocratic and Authoritarian. Young Conservatives Call It an Exciting New Legal Theory". POLITICO.