A Pluralist Theory of Constitutional Justice
Assessing Liberal Democracy in Times of Rising Populism and Illiberalism
Format:Hardback
Publisher:Oxford University Press
Published:27th Oct '22
Should be back in stock very soon
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.
The book as a whole is one of great erudition. More importantly, it does make a valid contribution to the case for securing the future of liberal democracies through the strength of their constitutions. * David Glass, consultant solicitor at Excello Law, The Law Society Gazette *
As the threat to liberal constitutionalism has become increasingly ubiquitous, the urgency of an appropriate response is glaringly palpable. The challenge extends beyond the need to counter the danger posed by malignly intended authoritarians, but at least as much to well-intended constitutionalists who lack the intellectual resources to defend what needs to be secured. And so, we must be grateful to Michel Rosenfeld for providing the rich theoretical perspective within which the effort to comprehend and support what is fundamental for the survival of the liberal democratic constitutional project. Indeed, in this moment of genuine peril for that project's future, his magisterial account of constitutionalism's justice essentials is essential reading. * Gary J. Jacobsohn, Malcolm Macdonald Professor of Constitutional and Comparative Law in the Department of Government and Professor of Law at the University of Texas at Austin *
An indispensable analysis of our current crisis by one of our most literate exponents of comparative constitutional law and jurisprudence. * Robert Post, Sterling Professor of Law, Yale Law School *
A Pluralist Theory of Constitutional Justice adds to this scholarship with a coherent theoretical framework, for a very interesting proposal on how to respond to populism. It is therefore an important read for all those interested in the subject. * Anthony Kennelly, Irish Jurist *
ISBN: 9780198862680
Dimensions: 240mm x 162mm x 23mm
Weight: 642g
320 pages