ABSTRACT
Frank Michelman’s ‘Constitutionalism as Proceduralism’ develops an account of the motivation behind the move to proceduralism in constitutional theory and its relationship with political theory. Michelman suggests that constitutional theory cannot be detached from political theory. Proceduralism, he suggests, is a solution to two connected problems. The first is that of disagreement. In circumstances of disagreement, perhaps even deep disagreement, about what is substantively just, how should a solution, a way forward, be determined? Secondly, given that any political solution, to be practically effective, will be dependent on coercion of those who disagree with the solution in substantive terms, how can we justify coercion?
