Half-title -- Title -- Copyright -- Dedication -- Contents -- Preface and Acknowledgements -- Introduction: Legal and Political Constitutionalism -- PART I Legal constitutionalism -- 1 Constitutional rights and the limits of judicial review -- I Constitutional rights and 'the circumstances of justice' -- II Constitutional rights and 'the circumstances of politics' -- III The tyranny of the minority: why judicial review fails to take rights seriously -- IV The culture of rights -- Conclusion -- 2 The rule of law and the rule of persons -- I The idea and value of the rule of law -- The rule of law and the circumstances of politics -- Arbitrary rule and rule by law -- II Legal rule -- Hayek: going by the rulebook -- Dworkin: judging on principle -- III Political rule -- The politics of the rule of law -- Democratising the judiciary -- Conclusion -- 3 Constitutionalism and democracy -- I Constitutional democracy: substantive views -- Dworkin and the substantive rights of citizenship -- Rawls and the citizens' contract -- II Constituting democracy: procedural views -- Policing the democratic process: J. H. Ely -- Nemo iudex in sua causa: breaking themonopoly of democracy's winners over the means of their success -- III Constitutionalist democracy: a middle way between substance and procedures? -- The substance of procedures: the Burt-Ginsburg view -- Substantive procedures: Habermas and the preconditions of democratic discourse -- IV Constitutive democracy: populist constitutionalism -- Constitutional politics: Bruce Ackerman's We the People -- Popular constitutionalism -- Conclusion -- PART II Political constitutionalism -- 4 The norms of political constitutionalism: non-domination and political equality -- I Depoliticising the constitution as a source of domination -- II Repoliticising the constitution: fromnon-domination to democracy.

Republicanism, liberalism and constitutionalism -- Negative liberty -- Freedom as non-interference -- Freedom as non-domination -- Equal concern and respect -- Republicanism and substantive legal constitutionalism -- Republicanism and procedural legal constitutionalism -- Conclusion -- 5 The forms of political constitutionalism: public reason and the balance of power -- I The political forms of republicanism and the 'circumstances of politics' -- II Public reason: substance or procedure? -- Substantive accounts of public reasoning -- Objectivity and public reasoning -- Rawls and the public reason of the constitution -- Democratic deliberation through public reason -- Procedural accounts of public reasoning -- III The balance of power -- Conclusion -- 6 Bringing together norms and forms: the democratic constitution -- I Non-domination and political equality -- The equal consideration of interests and the circumstances of politics -- Equal outcomes: democracy and welfarist views of non-arbitrary rule -- Equal process: democratic participation as non-arbitrariness -- II Public reason -- Equal votes -- Majority rule -- III The balance of power -- IV The constitutionality of legislative politics -- Controlling the executive: courts versus legislatures -- Hard cases? States of emergency and the politically powerless -- Conclusion -- Conclusion -- Index.