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10 - Impartiality

from Part II - Modalities

Published online by Cambridge University Press:  27 March 2025

By
Matthew H. Kramer
Edited by
Richard Bellamy  and
Jeff King
Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
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Summary

Impartiality as a property of government is central to many of the major constitutional concerns of liberal democracy. This essay tersely considers the nature and implications of impartiality in three main areas: the rule of law; the distinction between the right and the good; and freedom of speech. Because of constraints of space, each of the discussions in this paper is no more than a sketch of the complex matters that are at issue in debates over impartiality.

Keywords

impartialityneutralityobjectivityliberal democracydisinterestednessJohn Rawlsconceptions of the goodfreedom of expressionconstitutionalism
Type
Chapter
Information
The Cambridge Handbook of Constitutional Theory , pp. 157 - 175
Publisher: Cambridge University Press
Print publication year: 2025

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References

Recommended Reading

Barry, B. (1995). Justice as Impartiality, Oxford: Oxford University Press.CrossRefGoogle Scholar
Duxbury, N. (1999). Random Justice, Oxford: Oxford University Press.CrossRefGoogle Scholar
Greenawalt, K. (1992). Law and Objectivity, Oxford: Oxford University Press.CrossRefGoogle Scholar
Kagan, E. (1992). The Changing Faces of First Amendment Neutrality: R.A.V. v St Paul, Rust v Sullivan, and the Problem of Content-Based Underinclusion. Supreme Court Review, 1992, pp. 29–77.CrossRefGoogle Scholar
Kramer, M. (2007). Objectivity and the Rule of Law, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Kramer, M. (2017). Liberalism with Excellence, Oxford: Oxford University Press.CrossRefGoogle Scholar
Kramer, M. (2021). Freedom of Expression as Self-Restraint, Oxford: Oxford University Press.CrossRefGoogle Scholar
Mendus, S. (2002). Impartiality in Moral and Political Philosophy, Oxford: Oxford University Press.CrossRefGoogle Scholar
Mill, J. S. (1956). On Liberty. Edited by Shields, Currin. Indianapolis, IN: Bobbs-Merrill. Originally published in 1859.Google Scholar
Nagel, T. (1991). Equality and Partiality, Oxford: Oxford University Press.Google Scholar
Nussbaum, M. (1995). Poetic Justice, Boston, MA: Beacon Press.Google Scholar
Quong, J. (2011). Liberalism without Perfection, Oxford: Oxford University Press.Google Scholar
Rawls, J. (1993). Political Liberalism, New York: Columbia University Press.Google Scholar

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