Moral Constitution

The Moral Constitution is a means of understanding the U.S. Constitution which emphasizes a fusion of moral philosophy and constitutional law. The most prominent proponent is Ronald Dworkin, who advances the view in Law's Empire and Freedom's Law: The Moral Reading of the American Constitution. Alternatively, it can be taken to mean a constitution that defines the fundamental political principles and establishes the power and duties of each government, and does so while being consistent with a moral code. The moral code in turn can be in any of the forms that constitutions can be in, such as written, unwritten, codified, uncodified, etc.

It would appear that such a constitution would create a change in the application of law and in particularly Constitutional Law from a rule of law paradigm to a morality-based paradigm, and would require the explanation and descritption of that rule of morality as a principle of operation of the government specified in this constitution as a fundamental component of its structure.

The description of a rule of morality, or moral code can come in two forms. It can be a set of rules, such as the biblical Ten Commandments, and is the form of most legal systems of government today. Alternatively, it can be a set of principles, or a moral code. The latter form does not seem to have any presently working exemplars in any known government and is little commented upon.

Indeed, this alternative definition of a concept of a Moral Constitution seems to exist in any form at all only in the Bill of Morals efforts of the present government of South Africa.

Famous quotes containing the words moral and/or constitution:

    “We, when we sow the seeds of doubt deeper than the most up-to- date and modish free-thought has ever dreamed of doing, we well know what we are about. Only out of radical skepsis, out of moral chaos, can the Absolute spring, the anointed Terror of which the time has need.”
    —Thomas Mann (1875–1955)

    “The veto is a President’s Constitutional right, given to him by the drafters of the Constitution because they wanted it as a check against irresponsible Congressional action. The veto forces Congress to take another look at legislation that has been passed. I think this is a responsible tool for a president of the United States, and I have sought to use it responsibly.”
    —Gerald R. Ford (b. 1913)