Edited book (chapter)
|Book Chapter Category
|Edited book (chapter)
|ERA Publisher ID
|Encyclopedia of the philosophy of law and social philosophy
|Sellers, Mortimer and Kirste, Stephan
|Number of Pages
|Springer Science + Business Media
|Place of Publication
|Digital Object Identifier (DOI)
|Web Address (URL)
Constitutional patriotism is a political theory that seeks to provide an explanation for the sense of ownership that most individuals have towards their national constitutional system. Specifically, constitutional patriotism assumes that free-thinking individuals involved in a discussion over the common good will reach an agreement that is perceived, at least by those involved in the debate, as having normative value. The awareness that such a deliberative process has historically been a part of the constitutional system also induces a sense of ownership of past historical accommodations of constitutional principles. The shared perception of being part of historically grounded institutions within a deliberative democracy is sometimes called the ‘normative surplus effect’ or ‘normative spill-over effect’ of the deliberative process. The theory, in its current form, was proposed by Jürgen Habermas and Jean-Werner Müller.
|constitutional patriotism, Habermas, Muller
|ANZSRC Field of Research 2020
|489999. Other law and legal studies not elsewhere classified
|480702. Constitutional law
|500202. History and philosophy of law and justice
Accepted version deposited in accordance with the copyright policy of the publisher.
The encyclopedia provides: 1) a clear concise expert definition and explanation of the key concepts in the field, written by leading scholars; 2) an essential reference for experts and newcomers alike, with entries ranging from short definitions of key terms to extended explorations of major topics; 3) an investigation of questions that have traditionally defined the field, but also more recent developments, significantly updating the fields of the philosophy of law and social philosophy; 4) introductions to theories and research that have developed globally.
|School of Law and Justice
|Institution of Origin
|University of Southern Queensland
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