Abstract The systematic development of the concept of justice occurs on the basis of human rights. First, this human rights basis is examined in terms of theories of conflict and cooperation. Furthermore, it is investigated whether wisdom suffices as the basis of human rights or whether moral norms are necessary. With the distinguishing of human rights into negative, active and positive rights, distinctions result with respect to the concept of justice, leading to the concepts of a state under the rule of law, democracy and the welfare state, and explaining the concept of socialjustice through exchange, participation, distribution, and procedural faimess. Overcoming the tension between formal rights of freedom and social rights, reference is made to the principles of subsidiarity and democracy. Finally, issues arising with respect to the theory of justice are considered in relation to the problern of globalisation.
Global constitutionalism: Human rights, democracy and the rule of law
