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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The Invention and Logic of Strict Judicial Scrutiny
Produktdetaljer
ISBN
9781108758772
Publisert
2019
Utgiver
Cambridge University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter