Putting political constitutionalism in its place?: A reply to Cormac Mac Amhlaigh

Abstract

The article by Cormac Mac Amhlaigh advances a powerful criticism of the political constitutionalism of Jeremy Waldron and Richard Bellamy and argues that a minimal theory of legitimacy provides a firmer but narrower argument for legislative supremacy. In this short comment, I show that the argument wielded by this author against political constitutionalism undermines his argument as well. The infinite regress of disagreement he identifies also plagues the minimal theory of legitimacy.