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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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One Case at a Time: Judicial Minimalism on the Supreme Court


ISBN13: 9780674005792
ISBN: 0674005791
Published: May 2001
Publisher: Harvard University Press
Country of Publication: USA
Format: Paperback
Price: £26.95



Despatched in 6 to 8 days.

Abortion, affirmative action, the ""right to die"", pornography and free speech, homosexulaity and sex discrimination; as eagerly as the Supreme Court's rulings on these issues are awaited and as intently as they are studied, they never seem to settle anything once and for all.

But something is settled in the process - in the incremental approach - as Cass Sunstein argues in this text. The text lays-out and celebrates the constellation of rights - involving both liberty and equality - that now commands consensus in American law.

A guide to the Supreme Court, it offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism, and between rights and self-government.

Subjects:
Other Jurisdictions , USA
Contents:
Part 1 Argument: leaving things undecided; democracy-promoting minimalism; decisions and mistakes; minimalism's substance.
Part 2 Applications: no right to die? affirmative action casuistry; sex and sexual orientation; the first amendment and new technologies.
Part 3 Antagonists: width? Justice Scalia's democratic formalism; depth? from theory to practice; conclusion - minimalism and democracy.