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Part II Ideas, Ch.16 The Constitution and Justice

Roberto Gargarella

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

This chapter consists of three sections. In Section I, I examine a procedural approach to the constitution. According to the procedural reading, a just constitution has to be neutral among different views and establish a fair procedure through which rival parties seek approval from the people. In order to study the procedural approach, I shall seek support in John Rawls’s Theory of Justice, where the constitution is examined as an exemplar of imperfect procedural justice. In Section II, I distinguish between two different interpretations of the procedural...
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