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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Active Liberty: Interpreting a Democratic Constitution


ISBN13: 9780199227075
Published: March 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £35.99



Low stock.

What role should courts play in a modern democracy? How should fundamental provisions of a democratic constitution be interpreted? These questions have divided constitutional theorists and those responsible for interpreting and applying constitutional law including, notoriously, the current U.S. Supreme Court. Justice Breyer is the most prominent liberal voice in the Supreme Court, this book distils his experience of interpreting the U.S. constitution and outlines a general liberal theory of the role of constitutional courts.

Breyer argues that the primary role of a democratic constitution is to preserve and encourage 'Active Liberty': citizen participation in shaping government and its laws. The book argues that promoting active liberty requires judicial modesty and deference to legislative bodies; it also requires the recognition of the changing needs and demands of the populace. Breyer makes a powerful case against treating constitutions as a static guide for a world that has passed into history.

Throughout the book, active liberty is employed as a foundational concept to illuminate the interpretation of key constitutional questions, and recent Supreme Court controversies, such as the scope of free speech and racial equality protection.

For this revised, international edition of the book, Justice Breyer extends his discussion of democratic theory to examine topical questions in European constitutional law, including the legitimacy of the European Union, religious freedom under the European Convention on Human Rights.

Subjects:
Constitutional and Administrative Law
Contents:
1. Active Liberty
2. Freedom of Speech
3. Federalism
4. The Right of Privacy
5. Affirmative Action
6. Statutory Interpretation
7. Administrative Law
8. Purposive Interpretation
9. A Broader Application ;

Series: Clarendon Law Lectures

Mistake and Non-Disclosure of Fact: Models for English Contract Law ISBN 9780199593880
Published August 2012
Oxford University Press
£38.99
Mistake and Non-Disclosure of Fact: Models for English Contract Law (eBook) ISBN 9780191641916
Published August 2012
Oxford University Press
£30.82 + £6.16 VAT
(ePub)
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Women, Crime, and Character: From Moll Flanders to Tess of the D'Urbervilles ISBN 9780199544363
Published August 2008
Oxford University Press
£25.49
Same Sex Relationships: From Odious Crime to Gay Marriage ISBN 9780199297733
Published May 2006
Oxford University Press
£33.99
State Liability: Tort Law and Beyond ISBN 9780199272648
Published September 2004
Oxford University Press
£38.99
Intellectual Property: Omnipresent, Distracting, Irrelevant?
William R. CornishHerchel Smith Professor of Intellectual Property Law, University of Cambridge
ISBN 9780199263073
Published February 2004
Oxford University Press
£38.99
Roman Law, Contemporary Law, European Law: The Civilian Tradition Today
Reinhard ZimmermannProfessor of Law, University of Regensburg, Germany
ISBN 9780198299134
Published July 2003
Oxford University Press
£55.00
The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory New ed
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780199264124
Published June 2003
Oxford University Press
£27.49
Some Landmarks of Twentieth Century Contract Law
Guenter TreitelFellow, All Souls College, University of Oxford
ISBN 9780199255757
Published September 2002
Oxford University Press
£38.99
Change and Continuity: Statute, Equity and Federalism ISBN 9780198298236
Published July 2001
Oxford University Press
£78.00
The Law's Two Bodies ISBN 9780199245185
Published May 2001
Oxford University Press
£51.00
The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780198298144
Published May 2001
Oxford University Press
£51.00
Economic Torts
Tony WeirFellow and Reader in Law, Trinity College, University of Cambridge
ISBN 9780198265931
Published October 1997
Oxford University Press
£44.49
Law and Legal Theory in the UK and USA
Richard A. PosnerChief Justice, Court of Appeals Seventh Circuit for the United States, Chicago, USA
ISBN 9780198264712
Published September 1997
Oxford University Press
£44.49