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

Explains constitutional rights, how courts must identify them, and why their protections are more limited than most people think.

List of contents

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.

About the author

Richard H. Fallon, Jr is Story Professor of Law at Harvard Law School, Massachusetts, and an Affiliate Professor in the Harvard Government Department. A former Rhodes Scholar, Fallon served as a law clerk to Judge J. Skelly Wright and to Justice Lewis F. Powell of the United States Supreme Court. Fallon has written extensively about Constitutional Law and is the author of multiple books including, The Dynamic Constitution (Cambridge, 2nd edition, 2013) and Law and Legitimacy in the Supreme Court (2018).

Summary

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.

Product details

• Authors: Jr Richard H. Fallon, Richard H. Fallon Jr, Richard H. Fallon Jr., Richard H. (Harvard Law School Fallon Jr.
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 30.04.2019
• EAN: 9781108483261
• ISBN: 978-1-108-48326-1
• No. of pages: 220
• Series: Cambridge Studies on Civil Rig; Cambridge Studies on Civil Rig; Cambridge Studies on Civil Rights and Civil Liberties
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; USA, LAW / Constitutional, United States of America, USA, Constitution: government & the state, Constitution: government and the state, Constitutional & administrative law, Constitutional and administrative law: general