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Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow Jan 1993

Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow

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Professor Sager begins his very interesting paper by identifying what he considers a puzzling phenomenon: the Constitution, as interpreted by courts, is not coextensive with "political justice." "This moral shortfall," as he refers to it, represents not merely a failure of achievement, but a failure of aspiration: as customarily interpreted, the Constitution does not even address the full range of issues that are the subject of political justice. Sager regards that failure as surprising-so surprising that, in his words, it "begs for explanation."'