ABSTRACT

This chapter frames “constitutional morality” as foundational to liberal democratic states’ claims to moral authority and legitimacy. An overview is provided of the constitutions, principles, and main presumptions of liberal democratic theory. This includes the paradox whereby citizens, though notionally born morally autonomous and free, can still be subject to law and duties of obedience. A number of moral principles such as justice, equality, and democracy, which form the bases of constitutional morality, are explored. These moral principles are variously described as grounds of law or reasons for action in legal theory and political theory. It is argued that these principles form the foundations for claims to legitimacy and, should the state fail to comply with them, claims to illegitimacy and ultimately protest.