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Egalitarian Liberalism, Distributive Justice and the New Constitutionalism

David Bilchitz

These modern constitutions that have been adopted largely in the Global South enshrine a set of divergent values and rights that embrace both political philosophical concerns relating to liberty as well as distributive equality. This article seeks to grapple with the approach to distributive justice that can best give expression to the multiple normative commitments of these constitutions as well as key institutional features thereof. I argue for these societies to adopt what I term a two-tier theory of distributive justice: these theories require a set pattern or threshold to be achieved in a certain domain but also allow for a tolerable variation in resource distribution in another domain. I seek to show how two of the foremost egalitarian liberal theories of distributive justice – that of Ronald Dworkin and John Rawls – exemplify this structure as well as the resources they have to address the problems thereof. I then argue that a two-tier structure of a theory of distributive justice can help explain and reconcile key features of these modern constitutions. In particular, I shall seek to show the manner in which such theories conform to understandings of the role of a constitution, and the importance of preserving space for democratic decision-making. At the same time, two-tier theories assist in delineating the appropriate role constitutional courts should play in addressing the distribution of economic resources in society. These theories also have important implications for the role of the state and markets. Such a structure, I shall conclude, gives effect to a particular conception of equality as well as liberty and so manages to reconcile these two normative values.

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Enabling Entanglements to Emerge

Discovering Performance Curation in the Philippines

Regina Bautista

Philippines is subject to a political system that bows to patronage and free-market capitalism's agenda of profit. Culturally, it is a country populated by diverse ethnolinguistic and indigenous groups—minorities that do not often receive the same socio-economic

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To Accompany and to Observe: Engaged Scholarship and Social Change Vis-à-Vis Sub-Saharan Transmigration in Morocco

An Interview with Mehdi Alioua

Sabina Barone and Mehdi Alioua

population had access to the residence permit; socially, that allowed them to really exist in Moroccan society. However, it did not enable them to achieve their economic integration. The residence permit did not enable them to find jobs and assert their socio-economic

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Quality political participation and the SDGs in African small island developing states

Suzanne Graham and Victoria Graham

needs of the populations. Democracy is more meaningful to societies if their socio-economic rights as well as civil and political freedoms are promoted ( Graham, 2015 ). Sikuka (2017) argues that although Cabo Verde, Mauritius, and Seychelles are

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The Case of South Africa

The Societal Impact of COVID-19

Krish Chetty

-sense-of-disorder-seven-days-of-anarchy-and-government-inaction-that-changed-south-africa/ . Segalo , P. 2015 . “ Gender, Social Cohesion and Everyday Struggles in South Africa .” Psychology in Society 49 : 70 – 82 . doi: 10.17159/2309-8708/2015/n49a6 . SERI (Socio-Economic Rights Institute of South Africa) . 2018 . Informal

Open access

The Case of India

A Moral Foundation for the Impact of COVID-19 on Health and Society in the World's Largest Democracy

Sony Pellissery, Vijay Paul, Khushi Srivastava, and Drishti Ranjan

Reasonable Approach to the Minimum Core: Laying the Foundations for Future Socio-Economic Rights Jurisprudence .” South African Journal on Human Rights 19 ( 1 ): 1 – 26 . doi: 10.1080/19962126.2003.11865170 . Chauhan , A. 2021 . “ Lucknow: FIR