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"Liberal constitutionalism has come under sharp attack as globalization led to a confluence of huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal constitutionalism has also been challenged by illiberal populists who have adapted its framework to mask their aim to subvert its core values. These developments bring the nexus between the constitution and justice to the fore--and in particular that concerning distributive justice in its three dimensions of redistribution, recognition, and representation. The book provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. Because what distributive justice requires is highly contested, and constitutions are supposed to be susceptible of garnering a consensus among those they govern, constitutions only ought to guarantee essential but limited aspects of justice. Drawing on Rawls's insight that distributive justice calls for "constitutional essentials", the book advances the thesis that liberal constitutions must incorporate certain "justice essentials". The book is divided into three parts. Part one examines the combination of current legal, economic, political, and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part two offers a rereading of the relevant philosophical and jurisprudential literature that sheds crucial theoretical light on the relationship between constitution and justice. This rereading draws on key figures in both the analytic and the continental traditions. Finally, part three makes the case for a thoroughly pluralistic approach being optimal in the quest for a constitution's justice essentials"--

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

This resource provides a systematic account of the 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. Rosenfeld suggests that liberal constitutions must incorporate 'justice essentials'.

"The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism, and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas, and Derrida, and with several subjects that are at the center of current controversies, including equality, group rights, tolerance, secularism confronting religious revival, and political rights in the face of terrorism"--Provided by publisher

The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies

Relying on historical examples of successfully implanted constitution regimes, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity.