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This book looks at the changes of the foundations of constitutional authority since the eighteenth century. Somek argues that post WWII, people are no longer the fountain of authority, instead the new commitment to human rights and the 'peer review system' among nations, marks the advent of the cosmopolitan constitution.
It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.
Addressing one of the greatest challenges facing liberalism today, this book asks if it is legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.
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