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28/04 -"Justice through the constitution and the clash between liberal pluralism and illiberal populism" Lecture by Michel Rosenfeld, University Professor of Law and Comparative Democracy, Cardozo School of Law, New York City, USA

La conferenza di Michel Rosenfeld è organizzata in collaborazione con Susanna Mancini del Dipartimento di Scienze Giuridiche.

28/04/2020 dalle 17:00 alle 19:00

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At the core of the conflict between liberal and illiberal populist constitutionalism is a profound disagreement about justice, or more precisely, about distributive justice along two principal axes: the material socio-economic one and the identitarian one. Given the baseline of equal citizenship, constitutions must set the broad outline of allocation of benefits and burdens within the polity. This pertains to the domain of material socio-economic justice and to that of identitarian justice. In this latter respect, distributive justice’s task is adjudicating between competing or conflicting claims to identarian recognition, expression and path to self-fulfillment. That said, constitutions are not meant to address all questions of justice within the polity. Drawing on Rawls’ concept of “constitutional essentials”, the ideal of constitutionalism can be understood as calling for implementation of some “justice essentials”. If both liberal and illiberal populist constitutionalism can comply with the “justice essentials” in question, then the differences between the two would be merely ideological in nature and both would be capable of fitting comfortably within the bounds of constitutionalism as an ideal. If, however, only liberal constitutions are apt to satisfying or to closely approximating the “justice essentials” requirements, then, in the end, illiberal populist constitutions would inevitably fail under the ideal of constitutionalism regardless of appearances to the contrary or of formally conforming with important requisites of contemporary constitutional ordering.

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Michel Rosenfeld is the University Professor of Law and Comparative Democracy and Justice Sydney L. Robins Professor of Human Rights at the Cardozo School of Law in New York City. He was the founding editor-in-chief of the International Journal of Constitutional Law (I•CON) from 2001 to 2014 and president of the International Association of Constitutional Law (1999-2004). He has held the International Blaise Pascal Research Chair at the Ecole Normale Superieure in Paris (2007-08); the Fresco Chair in Jurisprudence at the University of Genoa ((2007); the Chaim Perelman Chair in Legal Philosophy at the Free University of Brussels (2011); The Fulbright –Tocqueville Distinguished Chair at the University of Paris I (Pantheon-Sorbonne) (2013), and the Leverhulme Visiting Professor at the University of London Birkbeck College of Law (2014). His most recent publications include: ; Comparative Constitutionalism: Cases and Materials, ( 3d. Ed., West 2016) (with Baer, Dorsen, Mancini and Sajo); and Democracies sous stress: les defis du terrorisme global (Presses Universitaires de France 2016) (co-authored with Antoine Garapon); The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality (Cambridge Univ. Press 2018) (co-editor with Susanna Mancini); and Administering Interpretation: Derrida, Agamben and the Political Theology of Law (Fordham University Press: Just Ideas Series 2019) (co-editor with Peter Goodrich). In 2004, Professor Rosenfeld was awarded the French Legion of Honor.