Skip to content
Register Sign in Wishlist

Judicial Review in an Age of Moral Pluralism

$129.00 (C)

  • Date Published: August 2009
  • availability: In stock
  • format: Hardback
  • isbn: 9780521762045

$ 129.00 (C)

Add to cart Add to wishlist

Other available formats:
Paperback, eBook

Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact providing details of the course you are teaching.

Product filter button
About the Authors
  • Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions – like freedom of religion, same-sex marriage, affirmative action, and abortion – into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions of moral pluralism. His defense of judicial review is predicated on the imperative of ensuring that the reasons that the state offers on behalf of its most important laws are consistent with the freedom and equality of all persons. Den Otter ties this defense to a theory of constitutional adjudication based on John Rawls’s idea of public reason and argues that a law that is not sufficiently publicly justified is unconstitutional, thus addressing when courts should invalidate laws and when they should uphold them even in the midst of reasonable disagreement about the correct outcome in particular constitutional controversies.

    Reviews & endorsements

    “Judicial Review in an Age of Moral Pluralism is an important work of constitutional theory that deserves a wide readership in philosophy, political science, and law. It fills an important void in conceptual space by melding work in political philosophy on public reason with theories of constitutional interpretation and judicial review. Ron Den Otter makes that case that the practice of judicial review must be informed by an ideal of public reason--his arguments have important implications for fundamental debates about judicial review, fundamental rights, and the relationship between legal reason, politics, and religion. This is one of the most creative and interesting books on constitutional theory to appear in the past several years.”
    --Lawrence B. Solum, John E. Cribbet Professor of Law and Professor of Philosophy University of Illinois College of Law, Editor of Legal Theory Blog

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity


    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?


    Product details

    • Date Published: August 2009
    • format: Hardback
    • isbn: 9780521762045
    • length: 356 pages
    • dimensions: 234 x 160 x 26 mm
    • weight: 0.7kg
    • availability: In stock
  • Table of Contents

    1. Public justification and constitutional theory
    2. Freedom and equality in constitutional history
    3. The challenge of public justification
    4. Competing conceptions of public reason
    5. Constitutional public reason
    6. The limits of public justification
    7. Standard objections to public reason
    8. Easier cases
    9. Harder cases
    10. The case for judicial review

  • Author

    Ronald C. Den Otter, California Polytechnic State University

Sign In

Please sign in to access your account


Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner Please see the permission section of the catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Join us online

This site uses cookies to improve your experience. Read more Close

Are you sure you want to delete your account?

This cannot be undone.


Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

Please fill in the required fields in your feedback submission.