The United States Supreme Court contends that it must weigh
constitutional claims against critical government interests -
considerations of public policy so compelling that constitutional
rights may be sacrificed to them. Although these interests have
been an explicit part of constitutional law since 1961, there has
been little discussion of the nature, weight, and application of
such claims. Increasingly, these interests are merely tolerated out
of necessity in apparent derogation of the Constitution. This
timely volume provides a critical examination of the concept and
substance of compelling interests, probing the significance and
implications of their unwritten and discretionary character,
ultimately illuminating the scope of values developed as compelling
interests. Public Values in Constitutional Law has no parallels,
predecessors, or close cousins and so will fill an important niche
in the study of constitutional law, proving indispensable to
jurists, scholars, and attorneys concerned with the litigation and
development of constitutional law.
General
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