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Constitutionalism Justified: Rainer Forst in Discourse

Constitutionalism Justified: Rainer Forst in Discourse

Author: Ester Herlin-Karnell; Matthias Klatt; Hector A. Morales Zuniga
Publisher: Oxford University Press
ISBN: 9780190889050
Published In: December 2019
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical philosophy and Habermas's discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst's work from three different perspectives: philosophy, legal philosophy, and constitutional theory.

The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst's right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst's reply to his interlocutors, making the book a valuable source for future research.

Introduction

By Ester Herlin-Karnell and Matthias Klatt

Part One. The Right to Justification

1. The Innate Right of Humanity and the Right to Justification

By Arthur Ripstein

2. Engaging with Forst's "Right to Justification": Kantian Analogies and the Problem of Subjectivity

By Claudio Corradetti

3. Human Rights, Interests, and Variation

By Andrea Sangiovanni

4. Distributions, Relations, and Justifications: Mixing Flavors of Egalitarianism

By Christian Hiebaum

5. Practical Justice