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A Pluralist Theory of Constitutional Justice: Assessing Liberal Democracy in Times of Rising Populism and Illiberalism

A Pluralist Theory of Constitutional Justice: Assessing Liberal Democracy in Times of Rising Populism and Illiberalism

Author: Michel Rosenfeld
Publisher: Oxford University Press
ISBN: 9780198862680
Published In: October 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

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