Moral Constitutionalism

 

Moral constitutionalism is a theory of constitutional interpretation that emphasizes the importance of moral principles in guiding the interpretation and application of constitutional provisions. It holds that a constitution should be interpreted in a way that is consistent with the moral principles that underlie it.

According to moral constitutionalism, the Constitution is not just a set of legal rules, but also embodies a set of moral values and principles. These values and principles guide the interpretation of the Constitution and help to ensure that the Constitution is consistent with the basic moral values of society.

One of the key ideas behind moral constitutionalism is that the Constitution should be interpreted in a way that is consistent with the principles of justice, equality, and human rights. This means that the interpretation of the Constitution should not only focus on the text of the Constitution, but should also take into account the underlying values and principles that inform the Constitution.

In practice, moral constitutionalism can be seen in the way that courts interpret and apply constitutional provisions. For example, courts may interpret the equal protection clause of the 14th Amendment to prohibit discrimination on the basis of race, gender, or sexual orientation, even though these categories are not explicitly mentioned in the text of the Constitution.

Overall, moral constitutionalism emphasizes the importance of moral values and principles in guiding the interpretation and application of the Constitution, and can play an important role in shaping the development of constitutional law.