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This book shows how public reason is both central and useful for thinking about legitimacy in constitutional law and theory. It helps academics to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world and in the supranational sphere.

Over the last decade, the world has watched in shock as populists swept to power in free elections. From Manila to Warsaw, Brasilia to Budapest, the populist tide has shattered illusions of an inexorable march to liberal democracy. Eschewing simplistic notions of a unified global populism, this book unpacks the diversity and plurality of populisms. It highlights the variety of constitutional and extraconstitutional strategies that populists have used to undermine the institutional fabric of liberal democracy and investigates how ruling populists responded to the Covid-19 crisis. Outlining the rise of populisms and their governing styles, Wojciech Sadurski focuses on what populists in power do, rather than what they say. Confronting one of the most pressing concerns of international politics, this book offers a vibrant, contemporary account of modern populisms and, significantly, considers what we can do to fight back.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Series Preface -- Introduction -- Part I The Concept of Justice -- 1 T.D. Campbell (1974), 'Humanity before Justice', British Journal of Political Science, 4, pp. 1-16 -- 2 Loren E. Lomasky (1995), 'Justice to Charity', Social Philosophy and Policy, 12, pp. 32-53 -- 3 Joel Feinberg (1974), 'Noncomparative Justice', Philosophical Review, 83, pp. 297-338 -- 4 Phillip Montague (1980), 'Comparative and Non-comparative Justice', Philosophical Quarterly, 30, pp. 131-40 -- Part II Justice - Desert - Redistribution -- 5 Michael A. Slote (1973), 'Desert, Consent, and Justice', Philosophy & Public Affairs, 2, pp. 323-47 -- 6 Christopher Ake (1975), 'Justice as Equality', Philosophy & Public Affairs, 5, pp. 69-89 -- 7 Julian Lamont (1995), 'Problems for Effort-Based Distribution Principles', Journal of Applied Philosophy, 12, pp. 215-29 -- 8 Robert E. Goodin (1985), 'Negating Positive Desert Claims', Political Theory, 13, pp. 575-98 -- 9 Francis Snare (1986), 'Misfortune and Injustice: On Being Disadvantaged', Canadian Journal of Philosophy, 16, pp. 39-61 -- 10 Alan H. Goldman (1987), 'Real People (Natural Differences and the Scope of Justice)', Canadian Journal of Philosophy, 17, pp. 377-93 -- Part III Political Liberalism and Justice -- 11 John Rawls (1989), 'The Domain of the Political and Overlapping Consensus', New York University Law Review, 64, pp. 233-55 -- 12 John Rawls (1997), 'The Idea of Public Reason Revisited', University of Chicago Law Review, 64, pp. 765-807 -- 13 William A. Galston (1989), 'Pluralism and Social Unity', Ethics, 99, pp. 711-26 -- 14 Kurt Baier (1989), 'Justice and the Aims of Political Philosophy', Ethics, 99, pp. 771-90 -- 15 Michael J. Sandel (1994), 'Political Liberalism', Harvard Law Review, 107, pp. 1765-94

This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a "force for good" but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government

After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU.Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the