and precisely in the context of constitutional doctrines of judicial
review.33 Thus it is not surprising that the idea has become
widespread, well beyond those who might subscribe
to a specific Kantian philosophy, that a liberal society cannot
accommodate publicly espoused notions of the good. This is
the conception, as Michael Sandel has noted, of the “procedural
republic,” which has a very strong hold on the political
agenda in the United States, and which has helped to
place increasing emphasis on judicial review on the basis of
constitutional texts at the expense of the ordinary political
process of building majorities with a view to legislative
action
and precisely in the context of constitutional doctrines of judicial
review.33 Thus it is not surprising that the idea has become
widespread, well beyond those who might subscribe
to a specific Kantian philosophy, that a liberal society cannot
accommodate publicly espoused notions of the good. This is
the conception, as Michael Sandel has noted, of the “procedural
republic,” which has a very strong hold on the political
agenda in the United States, and which has helped to
place increasing emphasis on judicial review on the basis of
constitutional texts at the expense of the ordinary political
process of building majorities with a view to legislative
action
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