Constitutional conscience : the moral dimension of judicial decision / H. Jefferson Powell.

Format:

Book

Author/Creator:

Powell, Jefferson, 1954-

Language:

English

Subjects (All):

Judicial process--United States.

Judicial process.

Justice, Administration of--United States.

Justice, Administration of.

Judges--United States.

Judges.

Judicial discretion--United States.

Judicial discretion.

Constitutional law--United States.

Constitutional law.

Physical Description:

1 online resource (161 p.)

Edition:

1st ed.

Place of Publication:

Chicago : University of Chicago Press, 2008.

Language Note:

English

Summary:

While many recent observers have accused American judges-especially Supreme Court justices-of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach-one that eschews ideology but still values personal perspective-H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges-as well as lawyers and citizens-is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.

Contents:

The rule of five

Playing the game

A question of degree

Men and women of goodwill

Making it up as we go along.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786611966249

9781281966247

128196624X

9780226677309

0226677303

OCLC:

476228016