Common Good Constitutionalism - Philosophical Concept | Alexandria
Common Good Constitutionalism: This is a contested theory of constitutional interpretation arguing that law should be interpreted to promote the "common good" of society, an idea as ancient as political thought itself but fraught with modern complexities. Often confused with natural law theory or traditional conservatism, Common Good Constitutionalism distinguishes itself by actively advocating for legal interpretations that advance a substantive vision of societal flourishing, rather than merely protecting individual liberties or adhering to original public meaning.
Though the phrase itself is relatively recent, the concept echoes across centuries. Hints of it flicker in the writings of medieval philosophers seeking to reconcile earthly law with divine purpose. References to bonum commune, the Latin term for the common good, appear intermittently in legal and political discourse, particularly within the Catholic intellectual tradition which extends back to Thomas Aquinas. However, pinpointing a precise "origin" is difficult; the notion is woven so deeply into the tapestry of Western thought that, whether acknowledged or not, it is a silent partner in debates about the purpose of law.
Its modern articulation has sparked both fervent support and fierce opposition. Key to its development is Adrian Vermeule's Common Good Constitutionalism (2022), a text that attempts to revive a substantive interpretation of constitutional law predicated on a vision of human flourishing. This notion clashes sharply with dominant interpretations emphasizing individual rights and procedural neutrality. The debate is fueled by questions: What constitutes the “common good” in a pluralistic society? Who decides? Is it possible to achieve consensus, or will this approach inevitably lead to the imposition of one faction's values on others? Common Good Constitutionalism challenges established legal orthodoxies so profoundly that it invites us to reconsider the role of law itself.
Whether viewed as a path to societal renewal or a threat to individual liberty, Common Good Constitutionalism persists as a provocative force. Its influence on contemporary legal thought and policy debates, particularly those concerning religious freedom, social justice, and the nature of the state, is undeniable. Does it represent a return to first principles, or a dangerous turn away from established constitutional norms? Only time, and continued scrutiny, will reveal its lasting legacy.