Constitutional justice from a philosophical to a legal concept

Abstract

To understand the concept of constitutional justice, it is necessary to clarify both of its forming elements that is, justice and the constitutional aspect. This constitutional nature is reflected in three key points, in order to accurately attribute the label of constitutional justice to it. These include the rights and freedoms that are enshrined in the constitution and guaranteed protection according to constitutional principles, along with the presence of an independent judiciary within both the legislative and executive authorities. The third point is the existence of a supreme or constitutional court that oversees the constitutional conformity of all laws, decisions, and administrative directives of the state. To this end, justice must first be addressed as a multidimensional concept from a philosophical perspective. It is clear that justice is both a practical and legal concept, and therefore philosophy has shed extensive light on this complex issue. In this breakdown, special attention has been given to the views and theories of two important philosophers—one from ancient Greece and the other from the modern era—who have profoundly influenced the definition of justice and its legal dimension. This is because later philosophers were often influenced by the intellectual legacy of these thinkers and built upon their broad conceptualization of justice. These two philosophers are Aristotle and John Rawls. Furthermore, attention must be given to the principle of separation of powers, which is a foundational element of the rule of law. The second discussion is devoted to three demands for changing the concept from philosophical to legal: how it is discussed, how it is discussed, how it is established within the framework of the constitutions of countries, and how it is reviewed and monitored by the Supreme Court. We have given examples of Western European countries, where the concept is reflected in the philosophical, legal and political aspects of the rule of law. The most important issue of separation of powers and how to achieve constitutional justice has also been resolved. For clarity, at the end of the study, a list of some of the terms used in the opposite sense is provided.