Full Description
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.
Contents
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
By Bernhard Schlink
6. Noumenal Power, Reasons, and Justification: A Critique of Forst
By Enzo Rossi and Sameer Bajaj
7. The Limits of Justification: Critique Disclosure, and Reflexivity
By Lois McNay
Part Two | Constitutional Theory
8. Proportionality and Justification
By Matthias Klatt
9. Republicanising Rights? Proportionality, Justification, and Non-domination
By Eoin Daly
10. Constitutionalism and Justice
By Alon Harel
11. Democracy as Good in Itself: Three Kinds of Noninstrumental Justification
By Christian F. Rostbøll
12. The Concept of Non-domination and the Right to Justification in EU Security-Related Texts
By Ester Herlin-Karnell
Part Three | Responses
13. The Constitution of Justification: Replies and Comments
By Rainer Forst
