Defending liberal constitutionalism in times of crisis

A convincing response to the challenges to global constitutionalism posed by populism and increasing polarisation must include an improved, and therefore more forceful, account of the values underlying liberal constitutionalism. This, however, is easier said than done. The discussion about global constitutionalism and proportionality has reached the preliminary conclusion that proportionality is essentially a test of reasonableness or public reason. This, however, seems to merely shift the focus from one abstract concept (proportionality) to another (reasonableness/public reason). In my paper, I will claim that we can move towards a clearer and more appealing account of proportionality-based rights adjudication by focusing straightforwardly on the moral values of equality and liberty and their proper interpretations. To this end, I will rely on Ronald Dworkin’s work on human dignity and its two sub-principles of objective importance and personal responsibility.