Nature of constitutional rights the invention and logic of strict judicial scrutiny

By:

Fallon, Richard H

Material type: Text

TextSeries: Cambridge studies on civil rights and civil libertiesPublication details: Cambridge Cambridge University Press 2019Description: ix, 212p. 23 cmISBN:

9781108703918

Subject(s):

DDC classification:

342.73085 23 FA-N

LOC classification:

KF4552 .F352 2019

Other classification:

LAW018000

Contents:

Machine generated contents note: 1. The historical emergence of strict judicial scrutiny; 2. Strict scrutiny as an incompletely theorized agreement; 3. Rights and interests; 4. Tests besides strict scrutiny and the nature of the rights that they protect; 5. Legislative intent and deliberative rights; 6. Rights, remedies, and justiciability; 7. The core of an uneasy case for judicial review.

Summary: "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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Holdings
Item type	Home library	Collection	Shelving location	Call number	Materials specified	Status	Date due	Barcode
Print	OPJGU Sonepat- Campus	General Books	Main Library	342.73085 FA-N (Browse shelf(Opens below))		Available		143228

Includes bibliographical references and index.

"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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