Is Rawlseanism adequate to raise anti-discrimination constitutional foundations?

Abstract

Famously, Rawlseanism seeks to articulate a conception of justice for a pluralistic liberal democracy. Rawls clarifies that it should not be applied to ethical problems such as non-discrimination. Despite this, in Mexico, the anti-discriminatory constitutional foundations were thought from within the Rawlsian framework. In this work, he critically examines this decision according to the structural aspect of the Rawlsian approach. Thus, a theory on anti-discrimination constitutional foundations may have a Rawlsean starting point, but when developed, it may nevertheless remain outside the Rawlsean structural framework. If this is so, I conclude that perhaps it is more appropriate to begin with a theory of oppression.