Constitutional Design and the Point of Constitutional Law

Abstract

This essay offers an account of the diverse range of rich insights Professor Finnis’s work offers for several perennial questions of constitutional theory: such as what valuable moral ends constitutional law serves, how best to approach the design of constitutional arrangements and institutions, and how to best approach constitutional interpretation. I proceed in four parts. The first two parts begin by looking at Finnis’s treatment of the purpose of law as a social practice and then, more specifically, the point or purpose of channeling political power through constitutional law. Having outlined the point or purpose of constitutional law and constitutional institutions, I then probe what Finnis has to say about questions of constitutional design. Finally, I give an account of how Finnis’s work approaches constitutional interpretation.