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| Title: | Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’ |
| Authors: | PETERSMANN, Ernst-Ulrich |
| Keywords: | 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 |
| Issue Date: | 2010 |
| Series/Report no.: | EUI LAW
2010/03 |
| Abstract: | 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. |
| URI: | http://hdl.handle.net/1814/13590 |
| ISSN: | 1725-6739 |
| Appears in Collections: | LAW Working Papers
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