Editorial discusses constitutional rights for corporations and justification principles in law, highlighting new perspectives.
shares his annual "Good Reads": books to "curl up on the sofa with, maybe even as a respite from an excellent law book."The Articles section features eight contributions.Turkuler Isiksel considers the question of what constitutional and/or human rights are corporations entitled to claim, if any?She proposes that we answer this question by taking a purposive approach, arguing that the corporate form is of value primarily insofar as it allows individuals to pursue their ends, values, and life plans in association, such that a corporation's rights cannot extend beyond what is necessary to fulfil these purposes.In his article, Terry Skolnik takes up the subject of justification in constitutional law, drawing a distinction between two conceptions of the "culture of justification": the first is the culture of persuasion-one grounded in rationality, reason-giving, and engagement with the law of the case and the parties' arguments.Drawing on justificatory defenses in criminal law, Skolnik introduces a second conception of justification: justification as moral permissibility.The article contends that we gain a deeper understanding of a culture of justification-and of proportionality analysis in constitutional adjudication-when we unite the two conceptions.
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Joseph H H Weiler (2025) studied this question.
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