Michel Rosenfeld

A Pluralist Theory of Constitutional Justice (eBook, PDF)

Assessing Liberal Democracy in Times of Rising Populism and Illiberalism

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 312
• Erscheinungstermin: 15. April 2023
• Englisch
• ISBN-13: 9780192607362
• Artikelnr.: 67120839

Autorenporträt

Michel Rosenfeld is the University Professor of Law and Comparative Democracy, Justice Sydney L. Robins Professor of Human Rights and Director of the Program on Global and Comparative Constitutional Theory at the Benjamin N. Cardozo School of Law of Yeshiva University. He teaches in the areas of legal philosophy and US and comparative constitutional law. He has lectured throughout the world and is the author of numerous books, which have been translated into eleven foreign languages. He was the founding editor-in-chief of the International Journal of Constitutional Law (2000-2014) and the president of the International Association of Constitutional Law (1999-2004).

Inhaltsangabe

* Introduction: Liberal Constitutional Democracy, its Illiberal
Challengers, and the Question of Distributive Justice
* PART ONE: NEW CHALLENGES AND THREATS
* 1: Disembodied Law, Reinvigorated Religion, and Tribal Politics
* 2: Local versus Global, Material Well-Being, States of Stress, and
the Erosion of Justice
* PART TWO: REVISITING AND RECONFIGURING THE PHILOSOPHICAL GROUNDING OF
LIBERAL CONSTITUTIONALISM'S IDEAL OF JUSTICE
* 3: Confronting the Gulf Between Law and Solidarity: Kelsen Encounters
Freud
* 4: Law Redux: Schmitt, CLS, and the Drift to Politics; From Posner
Back to Marx and the Absorption of Law into Economics
* 5: Kantian Universalism Reframed for a Post-Totalitarian Age: The
Legacy of Rawls, Habermas and Dworkin
* 6: Tragic Deconstruction Set Against the Impenetrable Singular and
Reconstruction as Spectacle and Administration: From Derrida to
Agamben
* PART THREE: BUILDING A COMMONLY SHARED BASIS TOWARD A PLURALIST
INCLUSIVIST CONSTITUTION
* 7: The Dialectics of Comprehensive Pluralism: Approaching the Justice
Essentials from the Middle
* 8: Justice Essentials Minima and Comprehensive Pluralism's Fixed Core
Minimum Set Against its Plural Maximum
* Conclusion