Constitutional rights, moral controversy, and the Supreme Court / Michael J. Perry.
2009
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Author
Title
Constitutional rights, moral controversy, and the Supreme Court / Michael J. Perry.
Imprint
Cambridge : Cambridge University Press, 2009.
Description
1 online resource (x, 254 pages) : digital, PDF file(s)
Formatted Contents Note
Human rights : from morality to constitutional law
Constitutionally entrenched human rights, the Supreme Court, and Thayerian deference
Capital punishment
Same-sex unions
Abortion
Thayerian deference revisited.
Constitutionally entrenched human rights, the Supreme Court, and Thayerian deference
Capital punishment
Same-sex unions
Abortion
Thayerian deference revisited.
Summary
In this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court's proper role in adjudicating such controversies.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511575532 ebook
9780521755955 (hardback)
9780521184410 (paperback)
9780521755955 (hardback)
9780521184410 (paperback)
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