Chapter

The Egalitarian Principle of Fundamental Justice

ALAN BRUDNER

in Constitutional Goods

Published in print March 2007 | ISBN: 9780199225798
Published online January 2010 | e-ISBN: 9780191706516 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199225798.003.0005
The Egalitarian Principle of Fundamental Justice

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This chapter discusses the conception of public reason underlying the egalitarian constitutional paradigm. That conception is mutual concern by all citizens for their success in leading lives of self-authorship and self-rule. It explains the ephemeral features of this paradigm (its militancy against nature, its content-neutrality, its exclusion of particular interests from the public sphere) as overreactions to the downfall of the pre-modern and libertarian constitutions. It also explains how egalitarian public reason generates the durable idea of freedom-based goods capable of overriding liberty rights as well as a duty to entrench the common-law constitution in a written supreme law interpreted by a judiciary. Finally, the chapter argues for the justiciability of welfare rights.

Keywords: egalitarianism; reflexive autonomy; neutral concern; equal moral membership; reasonable; rational; freedom-based goods; duty to entrench; welfare rights

Chapter.  12324 words. 

Subjects: Constitutional and Administrative Law

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