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Law - The Nature of Constitutional Rights (Cambridge Studies on Civil Rights and Civil Liberties)

Description

Book Synopsis: 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.

Details

Discover the fascinating world of constitutional rights with The Nature of Constitutional Rights. This thought-provoking book delves into the history and philosophy behind constitutional rights, offering a fresh perspective on their true nature. Dive into the compelling-interest formula invented in the 1960s and understand how constitutional rights are identified and enforced. With its enriching insights and practical implications, this book is a must-read for anyone interested in the judicial system and the protection of individual rights.

Are you curious about the true meaning of constitutional rights? Look no further than The Nature of Constitutional Rights. Delving deep into the concept of 'rights' and how they are interpreted, this book sheds light on the intricate process of identifying and applying constitutional rights. From strict scrutiny to judge-crafted tests, you'll gain a comprehensive understanding of the factors that influence court decisions. With its blend of philosophy and real-world implications, this book is a valuable resource for legal enthusiasts and citizens alike.

Unlock a wealth of knowledge and practical insights with The Nature of Constitutional Rights. Written by renowned legal scholar Richard H. Fallon, Jr., this book offers a captivating exploration of what constitutional rights truly entail. Delving into the age-old debate between originalists and legal realists, Fallon provides a compelling argument for the limited nature of constitutional protections. Challenge your preconceptions and expand your understanding of the judicial role with this thought-provoking read.

Don't miss out on the opportunity to deepen your understanding of constitutional rights. Take a step into the world of legal theory and practical application with The Nature of Constitutional Rights. Explore the intricate process of identifying and enforcing these rights, and gain valuable insights that will shape your perspective on the judicial system. Whether you're a law student, legal professional, or simply an individual interested in civil liberties, this book is an essential addition to your reading list.

Ready to dive into the fascinating world of constitutional rights? Order your copy of The Nature of Constitutional Rights today and embark on a journey of legal exploration and enlightenment. With its unique insights and thought-provoking analysis, this book challenges conventional wisdom and offers a fresh perspective on the protection of individual rights. Don't miss out on this invaluable resource – order your copy now.

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