John Rawls’s Theory of “Justice as Fairness” as the Foundation of Lawmaking

Abstract

This paper analyzes John Rawls’s theory of Justice as Fairness, considering it as a normative standard for evaluating public governance and legal systems. The study argues that formal legality and administrative efficiency, in themselves, do not guarantee justice. The methodological approach of the “veil of ignorance” makes it possible to formulate legal norms that are impartial and equally acceptable to all, regardless of social position or individual circumstances.

The 2015 constitutional amendments of the Republic of Armenia, particularly the institution of the “stable majority,” are examined in light of Rawlsian theory, revealing challenges related to political participation and institutional balance.

It is concluded that the legitimacy of public authority requires a shift from formal legality to substantive justice, ensuring equal opportunities, accountability, and institutional transparency.