The nature of constitutional rights : the invention and logic of strict judicial scrutiny / Richard H. Fallon Jr.

Format:

Book

Author/Creator:

Fallon, Richard H., Jr., 1952-2025, author.

Series:

Cambridge studies on civil rights and civil liberties

Language:

English

Subjects (All):

Constitutional law--United States.

Constitutional law.

United States.

Physical Description:

1 online resource (ix, 212 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2019.

System Details:

text file

PDF

Summary:

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.

Contents:

Machine generated contents note: 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.

Notes:

Title from publisher's bibliographic system (viewed on 11 Mar 2019).

Other Format:

Print version:

ISBN:

9781108673549

Access Restriction:

Restricted for use by site license.