A strong and lively defense of substantive due process. From
reproductive rights to marriage for same-sex couples, many of our
basic liberties owe their protection to landmark Supreme Court
decisions that have hinged on the doctrine of substantive due
process. This doctrine is controversial-a battleground for opposing
views around the relationship between law and morality in
circumstances of moral pluralism-and is deeply vulnerable today.
Against recurring charges that the practice of substantive due
process is dangerously indeterminate and irredeemably undemocratic,
Constructing Basic Liberties reveals the underlying coherence and
structure of substantive due process and defends it as integral to
our constitutional democracy. Reviewing the development of the
doctrine over the last half-century, James E. Fleming rebuts
popular arguments against substantive due process and shows that
the Supreme Court has constructed basic liberties through common
law constitutional interpretation: reasoning by analogy from one
case to the next and making complex normative judgments about what
basic liberties are significant for personal self-government.
Elaborating key distinctions and tools for interpretation, Fleming
makes a powerful case that substantive due process is a worthy
practice that is based on the best understanding of our
constitutional commitments to protecting ordered liberty and
securing the status and benefits of equal citizenship for all.
General
Imprint: |
University of Chicago Press
|
Country of origin: |
United States |
Release date: |
August 2022 |
Authors: |
James E Fleming
|
Dimensions: |
229 x 152 x 25mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
280 |
ISBN-13: |
978-0-226-82139-9 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
General
|
LSN: |
0-226-82139-0 |
Barcode: |
9780226821399 |
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!