Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’
Title: Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’
Author: PETERSMANN, Ernst-Ulrich
Series/Number: EUI LAW; 2010/03
This contribution argues that concepts of social justice in European and international private law must remain consistent with the principles of justice underlying European and international public law. The contribution begins with a brief explanation of the diversity of conceptions of constitutional justice and of their legal impact on ever more fields of European public and private law (1). After clarifying the constitutional terminology used in this contribution (2), Rawlsian principles of justice for national and international law (3) are distinguished from multilevel human rights as principles of justice (4), multilevel judicial protection of constitutional rights and rule of law by ‘courts of justice’ (5), and the diverse forms of democratic and private ‘participatory justice’ for transforming legal and social relationships (6). The constitutional dimensions of the 2007 Lisbon Treaty (as discussed in section 7) confirm that the ‘many concepts of social justice in European private law’ - the focus of this conference book - must be construed and developed with due regard to the diverse dimensions of ‘constitutional justice’ in European and international public law.
Subject: constitutional law; constitutionalization; distributive justice; ECHR; ECJ; economic law; EU law; human rights; justice; Lisbon Treaty; multilevel constitutionalism; participatory justice; principles of justice; private law; Rawlsian principles of justice; social justice; theories of justice
Type of Access: openAccess
Files in this item
Showing items related by title, author, creator and subject.
Title:Assimilated justice for the actors by the international core crimes : towards a legitimate assimilated justice paradigm of criminal and restorative justice aims Author(s):JONSSON, JessicaDate:2005Citation:Florence, European University Institute, 2005Type:ThesisSeries/Number:EUI PhD theses; Department of Law
Title:Transitional Justice: A Conceptual and Normative Framework for Combating Terrorism in Occupied Territories Author(s):QUESADA ALCALA, Carmen; ZAKERIAN, MehdiDate:2010Citation:International Studies Journal, 2010, 6, 4, 1-22Type:ArticleAbstract:Transitional justice generally refers to a range of approaches, judicial and non-judicial, that States may use to build the transition from violence and repression to societal stability and peace. The term “transitional ...
Title:Socioeconomic justice beyond boundaries : the World Trade Organization and the scope and site of principles of justice Author(s):BRANDI, ClaraDate:2010Citation:Florence, European University Institute, 2010Type:ThesisSeries/Number:EUI PhD theses; Department of Political and Social SciencesAbstract:This thesis assesses the relationship between transnational socioeconomic justice and the World Trade Organization (WTO). It addresses three main sets of questions. First, how is the currently dominating dichotomous approach ...