Constitutional Rights Moral Controversy And The Supreme Court
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Constitutional Rights Moral Controversy And The Supreme Court
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Author : Michael J. Perry
language : en
Publisher: Cambridge University Press
Release Date : 2009
Constitutional Rights Moral Controversy And The Supreme Court written by Michael J. Perry and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This book examines the Supreme Court's proper role in adjudicating moral controversies that implicate constitutional rights.
Human Rights In The Constitutional Law Of The United States
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Author : Michael J. Perry
language : en
Publisher: Cambridge University Press
Release Date : 2013-07-08
Human Rights In The Constitutional Law Of The United States written by Michael J. Perry and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-08 with Political Science categories.
In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies.
Constitutional Rights And Constitutional Design
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Author : Paul Yowell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-26
Constitutional Rights And Constitutional Design written by Paul Yowell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-26 with Law categories.
The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
The Political Morality Of Liberal Democracy
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Author : Michael J. Perry
language : en
Publisher: Cambridge University Press
Release Date : 2010
The Political Morality Of Liberal Democracy written by Michael J. Perry and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This important new work elaborates and defends an account of the political morality of liberal democracy.
Toleration And The Constitution
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Author : David A. J. Richards
language : en
Publisher: Oxford University Press
Release Date : 1989-04-06
Toleration And The Constitution written by David A. J. Richards and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-04-06 with Philosophy categories.
Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy, to abortion, and consensual adult sexual relations.
The Supreme Court And The Idea Of Constitutionalism
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Author : Steven Kautz
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-11-29
The Supreme Court And The Idea Of Constitutionalism written by Steven Kautz and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-29 with Political Science categories.
From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
Freedom S Law
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Author : Ronald Dworkin
language : en
Publisher:
Release Date : 1996
Freedom S Law written by Ronald Dworkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with History categories.
Dworkin argues that Americans have been systemically misled about what their Constitution is and how judges decide what it means. What does its abstract language mean when it is applied to the political controversies that divide Americans--about affirmative action, euthanasia, censorship, pornography, and homosexuality, for example? Is the moral reading of the Constitution--the only reading that really makes sense--really undemocratic? In this fascinating book, Dworkin discusses these and other aspects of the document.
Constitutional Self Government
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Author : Christopher L. EISGRUBER
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Constitutional Self Government written by Christopher L. EISGRUBER and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.
The United States Supreme Court S Assault On The Constitution Democracy And The Rule Of Law
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Author : Adam Lamparello
language : en
Publisher: Routledge
Release Date : 2016-12-01
The United States Supreme Court S Assault On The Constitution Democracy And The Rule Of Law written by Adam Lamparello and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.
A Global Political Morality
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Author : Michael J. Perry
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-03
A Global Political Morality written by Michael J. Perry and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-03 with Political Science categories.
In A Global Political Morality, Michael J. Perry addresses several related questions in human rights theory, political theory and constitutional theory. He begins by explaining what the term 'human right' means and then elaborates and defends the morality of human rights, which is the first truly global morality in human history. Perry also pursues the implications of the morality of human rights for democratic governance and for the proper role of courts - especially the US Supreme Court - in protecting constitutionally entrenched human rights. The principal constitutional controversies discussed in the book are capital punishment, race-based affirmative action, same-sex marriage, physician-assisted suicide and abortion.