The panel explores the ideas of a right to justification and the culture of justification in the context of human and constitutional rights adjudication. Questions to be discussed include: Does the right to justification require the same outcomes everywhere? How does justification relate to justice, in particular in the context of the EU? How should...
Justifying the Culture of Justification
The ideas of the culture of justification – according to which it is the role of the courts to ensure that every act of the state that affects a person is substantively justifiable – and the related right to justification – which claims that every person possesses a moral and, ideally, constitutional right to the...
The Platonic Conception of Constitutional Rights
In this paper I present a constitutional interpretative theory, which I term the “Platonic Conception of the Constitution“, and apply it to Israeli constitutionalism. According to this conception the constitutional text is only an approximation – an imperfect shadow – of the ideal constitution. Judges should strive to bridge the gap between the written and...
The Right to Justification in EU Security Context
A scholarly debate has recently emerged on the need to conceptualize justice at the EU level. In this debate, justice (and injustice) are seen as the key to understanding the EU project and, as such, as a unifying value of the EU. A connection is then required between the aspiration for justice and that of...
Three Good Reasons Why Universal Human Rights Are Not The Same Everywhere
Human rights claim to be universal, yet different human and constitutional rights instruments contain different lists and even when the same rights are recognized in the abstract they are often interpreted differently across jurisdictions. I will argue that this variance of human rights practice across regimes and jurisdictions does not undermine the idea of the...