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2018 (1)

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Book
A Pluralist Theory of Constitutional Justice : Assessing liberal democracy in times of rising populism and illiberalism
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ISBN: 9780198862680 0198862687 0192607375 019189513X 0192607367 9780192607379 Year: 2022 Publisher: Oxford : Oxford University Press,

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Abstract

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' 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 I examines the combination of current legal, economic, political, and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part II 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 III makes the case for a thoroughly pluralistic approach being optimal in the quest for a constitution's justice essentials.


Book
The spectre of race : how discrimination haunts Western democracy
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ISBN: 140088957X Year: 2018 Publisher: Princeton, New Jersey : Princeton University Press,

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How racism and discrimination have been central to democracies from the classical period to todayAs right-wing nationalism and authoritarian populism gain momentum across the world, liberals, and even some conservatives, worry that democratic principles are under threat. In The Spectre of Race, Michael Hanchard argues that the current rise in xenophobia and racist rhetoric is nothing new and that exclusionary policies have always been central to democratic practices since their beginnings in classical times. Contending that democracy has never been for all people, Hanchard discusses how marginalization is reinforced in modern politics, and why these contradictions need to be fully examined if the dynamics of democracy are to be truly understood.Hanchard identifies continuities of discriminatory citizenship from classical Athens to the present and looks at how democratic institutions have promoted undemocratic ideas and practices. The longest-standing modern democracies--France, Britain, and the United States-profited from slave labor, empire, and colonialism, much like their Athenian predecessor. Hanchard follows these patterns through the Enlightenment and to the states and political thinkers of the late nineteenth and early twentieth centuries, and he examines how early political scientists, including Woodrow Wilson and his contemporaries, devised what Hanchard has characterized as "racial regimes" to maintain the political and economic privileges of dominant groups at the expense of subordinated ones. Exploring how democracies reconcile political inequality and equality, Hanchard debates the thorny question of the conditions under which democracies have created and maintained barriers to political membership.Showing the ways that race, gender, nationality, and other criteria have determined a person's status in political life, The Spectre ofRace offers important historical context for how democracy generates political difference and inequality.

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