What Makes Law Our Law? A New Justification for Procedural Legitimacy

In his contribution to the recently published volume Public Reason and Courts, Mattias Kumm provides a theory of constitutional authority. In my view, this theory is founded on intuitive foundations and I hope to complement these intuitions with a more comprehensive theory. In the following short commentary on his chapter, I will defend his argument and attempt to provide a deeper theoretical account of his concept of legitimacy.

According to Kumm, the primary role of public institutions is to settle disagreements. Two types of disagreements are at stake hereÔÇôsubstantive and procedural. He writes: Continue reading