In this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court's proper role in adjudicating such controversies.
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Introduction: a partial theory of judicial review; 1. Human rights: from morality to constitutional law; 2. Constitutionally entrenched human rights, the Supreme Court, and Thayerian deference; 3. Capital punishment; 4. Same-sex unions; 5. Abortion; 6. Thayerian deference revisited; Postscript: religion as a basis of lawmaking?
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Review of the hardback: 'Perry's book presents an elegant, comprehensive, but remarkably concise exposition of how human rights claims should be treated in constitutional adjudication. On the way, it offers a compelling recapitulation of the moral and legal arguments associated with three of the most contentious issues in American politics: capital punishment, abortion and same-sex marriage. Perry's discussions of these difficult questions are clear, smart, and painstakingly fair.' Richard S. Kay, University of Connecticut School of Law
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This book examines the Supreme Court's proper role in adjudicating moral controversies that implicate constitutional rights.
Produktdetaljer
ISBN
9780521184410
Publisert
2010-12-23
Utgiver
Vendor
Cambridge University Press
Vekt
340 gr
Høyde
216 mm
Bredde
140 mm
Dybde
15 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
266
Forfatter