The Nature of Constitutional Rights

The Invention and Logic of Strict Judicial Scrutiny

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book The Nature of Constitutional Rights by Richard H. Fallon Jr., Cambridge University Press
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Author: Richard H. Fallon Jr. ISBN: 9781108651875
Publisher: Cambridge University Press Publication: March 14, 2019
Imprint: Cambridge University Press Language: English
Author: Richard H. Fallon Jr.
ISBN: 9781108651875
Publisher: Cambridge University Press
Publication: March 14, 2019
Imprint: Cambridge University Press
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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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