in Constitutional Justice: A Liberal Theory of the Rule of Law in Constitutional Justice: A Liberal Theory of the Rule of Law

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1 University Press Scholarship Online You are looking at 1-10 of 11 items for: keywords : equal citizenship Introduction T.R.S. Allan in Constitutional Justice: A Liberal Theory of the Rule of Law Published in print: 2003 Published Online: January 2010 ISBN: eisbn: acprof:oso/ This book offers an account of the rule of law that, though primarily an ideal of procedural fairness, governing the manner in which laws and policies should be applied to particular persons, also has important implications for the permissible content of such laws and policies. The rule of law is explained as a set of closely interrelated principles that together make up the core of the doctrine or theory of constitutionalism, and hence a necessary component of any genuine liberal or constitutional democratic polity. The book argues that the procedural ideal of natural justice or due process, if it is to provide real protection against arbitrary power, must be accompanied by the equally fundamental ideal of equality. The latter ideal imposes substantive constraints on governmental power, ensuring equal citizenship. This book discusses the rule of law as a rule of reason, constitutionalism in the United Kingdom and A.V. Dicey's rule of law, equal citizenship, and constitutional democracy. Equal Justice and Due Process of Law T.R.S. ALLAN in Constitutional Justice: A Liberal Theory of the Rule of Law Published in print: 2003 Published Online: January 2010 ISBN: eisbn: acprof:oso/ The principles of equality and due process lie at the heart of the rule of law, when interpreted as an ideal of constitutionalism, based on each citizen's equal dignity. The meaning of the rule of law cannot be confined to matters of procedure, narrowly interpreted: procedure is Page 1 of 7

2 merely an aspect of process, whose integrity preserves the fundamental right of equality, or equal citizenship. Since due process supplements fair procedures by insisting on the application, by public officials, of appropriate criteria of decision, it imposes substantive limitations on their power. Legislative and administrative judgments alike must be made within a constitutional framework that identifies, and enforces, explicit and widely acknowledged precepts of justice. Conformity to these precepts ensures a genuine substantive equality of all before a law that serves a coherent (if capacious and adaptable) conception of the common good. This chapter discusses administrative justice and constitutional principle, judicial functions and executive agencies, and legislative classifications and the definition of act of attainder. The Shape of a Right to Education in Realizing Educational Rights: Advancing School Reform through Courts and Communities chicago/ This chapter addresses the question: If we should treat education as a preconditional right to enable fair deliberative decision-making, what should this right include? Rights claims have become ubiquitous in education reform discourse, but little work to date has focused a philosophical lens on the substantive argument for a right to education, its democratic implications, and what this entitlement should include. This chapter begins with a brief overview of rights theory to call attention to how education is sidelined in existing accounts of welfare rights, and argues why it merits a place alongside the other social goods covered by this literature. The chapter next defends the deliberative view of citizenship as the proper framework in which to situate educational rights, and then turns to its educational demands. The general contours of this right are outlined by focusing on the civic skills associated with meaningfully exercising free speech and voting rights, which illustrate the conditions that facilitate equal citizenship. The chapter focuses in particular on the development of citizens cognitive autonomy and ability to use public reason as central to the meaningful exercise of political liberties. Page 2 of 7

3 Historical Attempts to Advance a Right to Education in Realizing Educational Rights: Advancing School Reform through Courts and Communities chicago/ Chapter 3 addresses a likely challenge to arguments for a right to education as a matter of equal citizenship: that they are just utopian musings. In response, the chapter focuses on select moments in American history that illustrate that arguments for a right to education have deep roots in our social and legal history. The chapter first considers education proposals from three historical periods during which foundational questions about rights, citizenship, and democratic entitlements were considered at the federal level: the Revolutionary period; Reconstruction; and the New Deal. It then focuses on the landmark Supreme Court case, San Antonio Independent School District v. Rodriguez(1973), which decided by a narrow 5-4 vote that education is not a right protected by the US Constitution. Although the efforts discussed in this chapter have not led to federal recognition of a right to education, they underscore that the idea is an enduring part of US politics that carries through to the advocacy efforts discussed in the next two chapters. The Ruse of Law: Legal Equality and the Problem of Citizenship in a Multireligious Sudan Noah Salomon in After Secular Law Published in print: 2011 Published Online: June 2013 ISBN: eisbn: Publisher: Stanford University Press DOI: / stanford/ This chapter on postconflict Sudan describes the tensions that emerge within the law from the competing demands for equal citizenship and multiculturalism in which law is applied, or not applied, on the basis of the religious or cultural identity of the defendant. The conventional depoliticization of discourse on the rule of law has allowed it to be adopted by those who call into question the very foundation of the rule of law. Barring the unlikely elimination of shari'a in northern Sudan, this Page 3 of 7

4 chapter asks whether social stability must now be gauged through the negotiation of a system of radical legal pluralism. Realizing Educational Rights: Advancing School Reform through Courts and Communities Item type: book chicago/ In this book, addresses urgent moral and policy questions about educational justice in a democratic society. She focuses on two questions that arise at the intersection of political theory, educational policy, and the law. The first is a theoretical question: What is the place of a right to education in a deliberative democracy? She argues for this right as a matter of equal citizenship, and emphasizes that it must be shielded from the sway of majoritarian policy-making far more carefully than policy-makers and theorists recognize. She then turns to a related practical question: How can this right be realized in the US?She offers two case studies of leading types of rights-based democratic activism: school finance litigation at the state level, and the mobilization of citizens through community-based organizations. She compares the role of rights claims on these different paths to reform, and also considers how democratic ideals may need to be revised in light of the obstacles that reformers face in their advocacy for educational rights. By bringing together philosophical analysis and policy-minded case studies, this book advances understanding of the relationships among moral and legal rights, education reform, and democratic politics. Education, Justice, and Democracy Rob Reich and Danielle Allen (eds) Published in print: 2013 Published Online: September 2013 ISBN: eisbn: Item type: book chicago/ Education is a contested topic, and not just politically. For years scholars have approached it from two different points of view: one empirical, focused on explanations for student and school success and failure; and the other philosophical, focused on education's value and purpose within the larger society. Rarely have these separate approaches been brought into the same conversation. This book does just that, offering an intensive discussion by scholars across empirical and philosophical disciplines. The contributors explore how the institutions and practices Page 4 of 7

5 of education can support democracy by creating the conditions for equal citizenship and egalitarian empowerment, and how they can advance justice by securing social mobility and cultivating the talents and interests of every individual. They then evaluate constraints on achieving the goals of democracy and justice in the educational arena, and identify strategies that we can employ to work through or around those constraints. More than a thorough compendium on a timely and contested topic, the book exhibits an entirely new, deeply composed way of thinking about education as a whole and its importance to a good society. Education Policy Making in the Shadow of an Enduring Democratic Dilemma in Realizing Educational Rights: Advancing School Reform through Courts and Communities chicago/ This chapter begins to advance the book s main argument: that we should regard the education that prepares individuals for equal citizenship as a fundamental right that is shielded from majoritarian politics far more than existing practices permit, and far more than most theory recognizes is necessary. Concern for this right is motivated by the worry that leading accounts of democracy often fail to protect the interests of marginalized students. In this and subsequent chapters, arguments about a right to education are located in a deliberative democracy. As education scholars and reformers increasingly look to deliberative ideals to improve the education policy process, it is especially important to consider how well this approach to policy-making serves less advantaged students. The chapter first calls attention to the opportunities and challenges that deliberative theory presents for advancing just education policies. It next shows how leading conceptions of deliberation fail to ensure that all students receive a high quality education due to the wide discretion they give democratic bodies to determine public provisions for education. Finally, it discusses the unique relationship between educational opportunity and political equality, which underscores the need for a right to education that is set above democratic decision-making. Page 5 of 7

6 The Presumption of Innocence Postpunishment Richard L. Lippke in Taming the Presumption of Innocence Published in print: 2016 Published Online: March 2016 ISBN: eisbn: Page 6 of 7 acprof:oso/ Once individuals convicted of crimes fully serve their sentences, are they to be presumed innocent again, and for what purposes? Chapter 9 focuses on our treatment of ex-offenders. The discussion is split into two parts. The first examines whether collateral consequences should be treated as mere adjuncts to legal punishment, not inherent parts of it. This chapter proposes that the restrictions and legal disabilities imposed on ex-offenders should be counted as integral aspects of their official sanctions. They should be assigned prospectively by sentencing judges, not added on after offenders have served their sentences.. The second part of the chapter examines collateral consequences through the lens of the presumption of innocence. This chapter argues that they should be understood as unjustified infringements of the rights of full and equal citizenship, to which those who have completed their sentences are, once again, entitled. Conclusion: Defeat in the Balkan Wars and its Legacy Eyal Ginio in The Ottoman Culture of Defeat: The Balkan Wars and their Aftermath Published in print: 2016 Published Online: September 2016 ISBN: eisbn: acprof:oso/ The defeat in the Balkan Wars marked a time of deep soul-searching for the Ottoman elite. The vast Ottoman literature on the defeat displayed feelings of tremendous bereavement and loss. It also presented a search for directions and paths for renewal. The conclusion discusses the defeat as a major trigger for change promoted by Ottoman authors and publicists. For many of them the defeat served as an awakening alarm that should promote the process of remaking the Ottoman state and the Ottomans, thus clearly defying some of the most important civic perceptions of the Constitutional Revolution of Chief among them was disillusionment with the idea of an inclusive Ottoman identity based on equal citizenship. The defeat put an end to this concept and created new boundaries that separated the Muslims or Turks of the Ottoman state from the non-muslim minorities. The evolution of Turkish

7 national identity, very much connected to Islam and Ottomanism, but possessing distinct features within the Ottoman-Muslim community, was reflected in the Ottoman literature on the Balkan Wars and in some popular campaigns and administrative reforms. Furthermore, the defeat also legitimized and popularized bigoted discourses calling for exclusion of the non-muslims and their marginalization. Page 7 of 7