Part II Ideas, Ch.16 The Constitution and Justice
Edited By: Michel Rosenfeld, András Sajó
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...