A Pluralist Theory of Constitutional Justice

A Pluralist Theory of Constitutional Justice PDF

Author: Michel Rosenfeld

Publisher: Oxford University Press

Published: 2022-10-17

Total Pages: 321

ISBN-13: 0192607375

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In recent years, liberal constitutionalism has come under sharp attack. Globalization has caused huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal populists have also adapted the framework of liberal institutionalism, masking their aim to subvert its core values. These developments bring the links between justice and the constitution to the fore, particularly concerning distributive justice in its three dimensions of redistribution, recognition, and representation. A Pluralist Theory of Constitutional Justice provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. The requirements of distributive justice are highly contested, and constitutions are susceptible to influencing those they govern. By drawing on Rawls' insight that distributive justice calls for "constitutional essentials", Rosenfeld advances the thesis that liberal constitutions must incorporate certain "justice essentials". This book is divided into three sections. Part one examines the current legal, economic, political and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part two offers a rereading of philosophical and jurisprudential literature that sheds crucial light on the relationship between constitution and justice. Finally, part three makes a case for using a thoroughly pluralistic approach in the quest for a constitution's justice essentials.

Beyond Constitutionalism

Beyond Constitutionalism PDF

Author: Nico Krisch

Publisher: Oxford University Press, USA

Published: 2010-10-28

Total Pages: 383

ISBN-13: 0199228310

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Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Law, Justice, Democracy, and the Clash of Cultures

Law, Justice, Democracy, and the Clash of Cultures PDF

Author: Michel Rosenfeld

Publisher: Cambridge University Press

Published: 2011-09-26

Total Pages: 337

ISBN-13: 1139502549

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The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.

New Constitutional Horizons

New Constitutional Horizons PDF

Author: Cormac Mac Amhlaigh

Publisher: Oxford University Press

Published: 2022

Total Pages: 257

ISBN-13: 0198852339

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This book examines the conceptual puzzles that multilevel pluralism poses for our constitutional theories. It offers fresh perspectives by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy, proposing novel solutions for pluralizing constitutional theory in the light of multilevel governance.

A Pluralist Theory of Constitutional Justice

A Pluralist Theory of Constitutional Justice PDF

Author: Michel Rosenfeld

Publisher: Oxford University Press

Published: 2022-10-27

Total Pages: 321

ISBN-13: 0198862687

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"Liberal constitutionalism has come under sharp attack as globalization led to a confluence of huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal constitutionalism has also been challenged by illiberal populists who have adapted its framework to mask their aim to subvert its core values. These developments bring the nexus between the constitution and justice to the fore--and in particular that concerning distributive justice in its three dimensions of redistribution, recognition, and representation. The book provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. Because what distributive justice requires is highly contested, and constitutions are supposed to be susceptible of garnering a consensus among those they govern, constitutions only ought to guarantee essential but limited aspects of justice. Drawing on Rawls's insight that distributive justice calls for "constitutional essentials", the book advances the thesis that liberal constitutions must incorporate certain "justice essentials". The book is divided into three parts. Part one examines the combination of current legal, economic, political, and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part two offers a rereading of the relevant philosophical and jurisprudential literature that sheds crucial theoretical light on the relationship between constitution and justice. This rereading draws on key figures in both the analytic and the continental traditions. Finally, part three makes the case for a thoroughly pluralistic approach being optimal in the quest for a constitution's justice essentials"

Debating Legal Pluralism and Constitutionalism

Debating Legal Pluralism and Constitutionalism PDF

Author: Guillaume Tusseau

Publisher: Springer Nature

Published: 2020-02-24

Total Pages: 343

ISBN-13: 3030344320

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The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.

The Structure of Pluralism

The Structure of Pluralism PDF

Author: Victor M. Muniz-Fraticelli

Publisher: Oxford University Press (UK)

Published: 2014-02

Total Pages: 289

ISBN-13: 0199673888

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Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.

Militant Democracy

Militant Democracy PDF

Author: András Sajó

Publisher: Eleven International Publishing

Published: 2004

Total Pages: 271

ISBN-13: 9077596046

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This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

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