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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state

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The Nature of Constitutional Rights - The Invention and Logic of Strict Judicial Scrutiny (Paperback) Loot Price: R783
Discovery Miles 7 830
The Nature of Constitutional Rights - The Invention and Logic of Strict Judicial Scrutiny (Paperback): Richard H. Fallon Jr

The Nature of Constitutional Rights - The Invention and Logic of Strict Judicial Scrutiny (Paperback)

Richard H. Fallon Jr

Series: Cambridge Studies on Civil Rights and Civil Liberties

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Loot Price R783 Discovery Miles 7 830 | Repayment Terms: R73 pm x 12*

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What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs. Its insights should affect how courts decide cases and how citizens should think about the judicial role. Contributing to the conversation between originalists and legal realists, Richard H. Fallon, Jr explains what constitutional rights are, what courts must do to identify them, and why the protections that they afford are more limited than most people think.

General

Imprint: Cambridge UniversityPress
Country of origin: United Kingdom
Series: Cambridge Studies on Civil Rights and Civil Liberties
Release date: March 2019
Authors: Richard H. Fallon Jr
Dimensions: 228 x 152 x 13mm (L x W x T)
Format: Paperback - Trade
Pages: 220
ISBN-13: 978-1-108-70391-8
Categories: Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
LSN: 1-108-70391-7
Barcode: 9781108703918

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