The Nature of Constitutional Rights: The Invention and Logic of Strict Judicial Scrutiny

ISBN-13: 9781108703918 / Angielski / Miękka / 2019 / 220 str.

Richard H. Fallon Jr

Opis

This book explains what it means to have a constitutional right - which is often less than people think. It examines how, and why, rights can be outweighed by 'compelling governmental interests'. Using historical examples, the book illuminates the nature of the judicial role in protecting genuinely meaningful rights.

Recenzje

'The US Constitution protects freedom of speech, equal protection of the laws, and various other rights without specifying the circumstances under which government may lawfully infringe them. In this theoretically sophisticated and engaging book, Professor Fallon, Jr explores how and why the strict scrutiny test emerged to fill that gap and, in the process, shaped American understandings of judicial review and constitutional rights themselves.' Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell Law School

Spis treści

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.