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The Nature of Constitutional Rights - The Invention and Logic of Strict Judicial Scrutiny (Hardcover)
Loot Price: R2,198
Discovery Miles 21 980
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The Nature of Constitutional Rights - The Invention and Logic of Strict Judicial Scrutiny (Hardcover)
Series: Cambridge Studies on Civil Rights and Civil Liberties
Expected to ship within 10 - 15 working days
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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.
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