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The document discusses the concept of constitutional legitimacy. Constitutional legitimacy can be grounded in representation, where the constitution represents the will or consent of the citizens. It can also be grounded in reason, where the constitution is seen as just and promotes justice, rights, stability and well-being. Constitutional legitimacy may be based on representation, where it reflects the identity of the nation, or it may be non-representational if it is believed to be just and conducive to the community's interests.

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0% found this document useful (0 votes)
32 views

Untitled

The document discusses the concept of constitutional legitimacy. Constitutional legitimacy can be grounded in representation, where the constitution represents the will or consent of the citizens. It can also be grounded in reason, where the constitution is seen as just and promotes justice, rights, stability and well-being. Constitutional legitimacy may be based on representation, where it reflects the identity of the nation, or it may be non-representational if it is believed to be just and conducive to the community's interests.

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paco kazungu
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© © All Rights Reserved
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Constitution legitimacy:

Legitimacy, means is a lawful or right. Or is the right and acceptance of an authority usually
governing a law or a regime.

Constitution legitimacy; is that constitution that represent the people they govern, representation can
be grounded either in the consent or the will of the citizen or when the constitution reflects the real
identity of the members of the nation. Also it is sometimes stated that constitution is legitimate because
it promote justice, in such cases the legitimacy of the constitution is grounded in the fact that is just,
fair, rightful, efficient and so on.

Constitutional legitimacy it is grounded into representation or non- representational or reason


based,

Where by it is representational or representativeness as the legitimacy of the constitution


need not rest on the fact that it represents the people whom it governs it may simply rest on the belief
that it is good or just constitutions and consequently, it would be conducive to justice or to the well
being of the community which it governs.

Constitution legitimacy is non representational or reason based, if it rests upon the conviction
that the procedural, institutional, and substantive aspects of the constitutional in order to promote
justice, the protection of rights stability or well-being.

Aims of the constitutional legitimacy it has to be advocated by three conceptions that is

(I) The constitution had to protect natural right.

(II) It had to enable self government.

(III) It had to be ratified by popular sovereignty. By Ilan wurman.

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