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Books > History > American history
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Privacy and the American Constitution - New Rights Through Interpretation of an Old Text (Hardcover, 1st ed. 2016)
Loot Price: R3,951
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Privacy and the American Constitution - New Rights Through Interpretation of an Old Text (Hardcover, 1st ed. 2016)
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This book explains a paradox in American constitutional law: how a
right not discussed during the ratification debates at Philadelphia
and not mentioned in the text has become a core component of modern
freedom. Rather, privacy is a constitutional afterthought that has
gained force through modern interpretations of an old text.
Heffernan defends privacy rights against originalist objections to
its inclusion in modern constitutional doctrine, analyzes the
structure of privacy claims, and provides a blueprint for
protecting privacy against government incursion. The book will
appeal to a wide audience of students and researchers of criminal
procedure, constitutional history, law-and-society, and sociology
of law. Lawyers will find this book extremely valuable in
addressing the statutory issues associated with modern privacy law.
At last, a book about constitutional interpretation that speaks
plain English and makes sense. It's the best work I know on the
subject, yet that subject is not the one it's mostly about. The
book mostly tells the story of the constitutional right to privacy
and how it emerged from provisions that at the outset were not much
about privacy at all. On that subject, the book is definitive. It's
also fascinating, probing, engaging, insightful, and wonderfully
presented. Privacy and the American Constitution is a stellar
contribution to knowledge. Albert W. Alschuler, Julius Kreeger of
Law and Criminology, Emeritus, University of Chicago A powerful and
innovate contribution to constitutional law. Not only does
Heffernan offer us a fascinating and persuasive account of how
modern constitutional rights grew out of the personal space offered
to us in an earlier era, he also explains why privacy rights
deserve the newfound importance they have in our modern
jurisprudence, based upon the same Madisonian approach to
constitutional interpretation that justifies other central parts of
modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett
Professor of Law, Oklahoma City University School of Law
General
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