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portada The Nature of Constitutional Rights: The Invention and Logic of Strict Judicial Scrutiny (Cambridge Studies on Civil Rights and Civil Liberties) (in English)
Type
Physical Book
Year
2019
Language
English
Pages
220
Format
Paperback
Dimensions
22.9 x 22.1 x 1.3 cm
Weight
0.32 kg.
ISBN13
9781108703918
Categories

The Nature of Constitutional Rights: The Invention and Logic of Strict Judicial Scrutiny (Cambridge Studies on Civil Rights and Civil Liberties) (in English)

Richard H. Fallon Jr (Author) · Cambridge University Press · Paperback

The Nature of Constitutional Rights: The Invention and Logic of Strict Judicial Scrutiny (Cambridge Studies on Civil Rights and Civil Liberties) (in English) - Fallon Jr, Richard H.

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Synopsis "The Nature of Constitutional Rights: The Invention and Logic of Strict Judicial Scrutiny (Cambridge Studies on Civil Rights and Civil Liberties) (in 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.

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The book is written in English.
The binding of this edition is Paperback.

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