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Constitutionalism Justified - Rainer Forst in Discourse (Hardcover)
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Constitutionalism Justified - Rainer Forst in Discourse (Hardcover)
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Total price: R3,574
Discovery Miles: 35 740
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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.
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