Petersmann, Ernst-Ulrich --- "Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’" [2011] ELECD 671; in Micklitz, Hans-W. (ed), "The Many Concepts of Social Justice in European Private Law" (Edward Elgar Publishing, 2011)

Book Title: The Many Concepts of Social Justice in European Private Law

Editor(s): Micklitz, Hans-W.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849802604

Section: Chapter 6

Section Title: Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’

Author(s): Petersmann, Ernst-Ulrich

Number of pages: 18

Extract:

6. Constitutional justice and the perennial
task of `constitutionalizing' law and
society through `participatory justice'
Ernst-Ulrich Petersmann
This contribution argues that concepts of social justice in European and inter-
national 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 contribu-
tion (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
book ­ must be construed and developed with due regard to the diverse dimen-
sions of `constitutional justice' in European and international public law.


1 DIVERSE CONCEPTIONS OF `CONSTITUTIONAL
JUSTICE' FOR JUSTIFYING NATIONAL AND
INTERNATIONAL LAW
The EU Charter of Fundamental Rights, UN human rights instruments and many
national constitutions (like Article 1 of the German Basic Law of 1949) proceed
from respect for human dignity as the source of inalienable human rights that
must be protected by rule of ...