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.\nA 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".\nThis 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.

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

Rosenfeld, Michel

Legal Theory & Systems

Oxford University Press

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)

Sajó, András

Affirmative action has been one of the most hotly debated issues in America. In the wake of numerous Supreme Court decisions on the subject, the ethical and constitutional controversy over affirmative action has recently intensified. The Court has neither clearly delineated the nature and scope of constitutionally permissible affirmative action plans nor articulated a coherent judicial philosophy to justify its seemingly incoherent decisions. Although philosophers and legal scholars have written extensively on affirmative action, where have been virtually no comprehensive attempts at interdisciplinary analysis. In this book Michel Rosenfeld provides such an analysis, critically examining the major existing philosophical and constitutional theories on affirmative action and elaborating a new theory that strongly defends the justice of affirmative action from the standpoint of both philosophy and constitutional law. 
Rosenfeld begins by discussing the treatment of affirmative action under each of the four major philosophical conceptions of equality consistent with the tenets of liberal political philosophy: libertarian, contractarian, utilitarian, and egalitarian. He then examines systematically the Supreme Court’s rulings on affirmative action in light of evolving conceptions of the constitutional right to equal protection. Finally, he presents his new theory. Drawing upon Kohlberg’s principle of justice as reversibility and upon Habermas’ theory of communicative ethics, Rosenfeld advocates adopting a principle that he calls “justice as reversible reciprocity” as the best means to integrate various relevant perspectives and to provide a unified philosophical and constitutional justification of affirmative action.

Affirmative Action and Justice: A Philosophical and Constitutional Inquiry

Constitutional Law

Yale University Press

This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect politics in and beyond nation-states, the rule of law and separation of powers, and fundamental rights. It contains case excerpts from at least 40 countries in all continents, examining the assumptions, choices and trade-offs, strategies and effects of decisions from constitutional courts and human rights tribunals in different legal systems and political contexts. It discusses different theories of constitutionalism and how constitutional democracies address similar issues, in different institutional settings. The second edition newly covers the controversy concerning citations to foreign authorities in U.S. Supreme Court decisions, as well as cases arising out of the "war on terrorism," including torture. In particular, there is new material on dignity, gay marriage, data protection, pornography, religious diversity, and developments in social welfare.

Comparative Constitutionalism: Cases and Materials (American Casebook Series)

Dorsen, Norman

Baer, Susanne

West Academic Publishing

This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect commercial relationships and the development of human rights. It contains examples from countries in all continents, examining the assumptions, choices, trade-offs and values that have formed the foundations of individual legal systems. Examples also illustrate how other constitutional democracies address similar problems, and illuminate different theories of constitutionalism as they have evolved in many types of legal systems. The work also seeks to help students comprehend the nature and problems of regional and international institutions and adjudicatory bodies.

Dorsen, Rosenfeld, Sajo and Baer's Comparative Constitutionalism: Cases and Materials (American Casebook Series)

This comparative constitutional law casebook offers a comprehensive and paradigmatic approach to the subject: it examines how the vast increase in international movements of people, capital, goods, ideas, and information affect politics in and beyond nation-states and how this influx affects the rule of law, separation of powers, and fundamental rights. Indeed, this casebook stands apart as it represents an international collaboration of legal scholars and allows for diversity of perspectives. Utilizing case excerpts from at least 40 countries across every continent, students will examine the assumptions, choices and trade-offs, strategies, and effects from decisions by constitutional courts and human rights tribunals throughout various legal systems and political contexts. Moreover, this book examines the different theories of constitutionalism and analyzes how constitutional democracies address similar issues in different institutional settings. This third edition includes new material that speaks to current issues of pressing importance: citizenship, transnational constitutionalism, authoritarian and illiberal constitutions, collective rights and minorities, Internet censorship, religion in the public space, mass surveillance, and targeted killings. Both teachers and students will appreciate the complete coverage of complex topics within a manageable size and format.

Mancini, Susanna

Deconstruction and the Possibility of Justice

First published in 1993. Routledge is an imprint of Taylor &amp; Francis, an informa company.

Politics & Social Sciences

Cornell, Drucilla

Philosophy

Routledge

Carlson, David Gray

The Identity of the Constitutional Subject (Discourses of Law)

The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community (Discourses of Law)

See the best price to sell, buy, or rent books by Rosenfeld, Michel. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Rosenfeld, Michel

See the best price to sell, buy, or rent books by Rosenfeld, Michel. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

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

The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)

The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)

Affirmative Action and Justice: A Philosophical and Constitutional Inquiry

Comparative Constitutionalism: Cases and Materials (American Casebook Series)

Dorsen, Rosenfeld, Sajo and Baer's Comparative Constitutionalism: Cases and Materials (American Casebook Series)

Comparative Constitutionalism: Cases and Materials (American Casebook Series)

Deconstruction and the Possibility of Justice

Deconstruction and the Possibility of Justice

The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community (Discourses of Law)