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Vol 21 No 11 Nov/Dec 2016

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The Arc of Due Process in American Constitutional Law


ISBN13: 9780199990801
Published: July 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £58.00



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Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.

Subjects:
Other Jurisdictions , USA
Contents:
ACKNOWLEDGMENTS
PREFACE
CHAPTER 1: ENGLISH HISTORY AND RULE OF LAW ROOTS OF AMERICAN DUE PROCESS
CHAPTER 2: THE PRIMARY DIVIDE: PROCEDURAL VERSUS SUBSTANTIVE DUE PROCESS AND THE DEVELOPMENT OF "PROTECTED INTERESTS"
CHAPTER 3: WHAT PROCESS IS DUE?
CHAPTER 4: WHAT LIBERTIES ARE PROTECTED?
CHAPTER 5: DUE PROCESS HYBRIDS
CHAPTER 6: A THEORY RUNS THROUGH IT
INDEX