The ultimate rule of law
Type
Book
Authors
ISBN 10
0199288011
ISBN 13
9780199288014
LCCN
K 3171 .B43
Category
Comparative Study
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Publication Year
2005
Publisher
Pages
xvii, 193 pages
Subject
Comparative Study
Tags
Abstract
"The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life-saving medical treatment are evaluated and compared." "Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia."--Jacket.
Description
Content:
1. The forms and limits of constitutional interpretation. Judicial review and democracy -- Contract theory -- Process theory -- Moral theory -- Judicial practice -- 2. Liberty. Interpretivism -- Pragmatism -- Religious liberty and popular sovereignty -- Religious liberty on the Sabbath -- Religious liberty and state morality -- Revelations -- 3. Equality. Sex discrimination -- Equal opportunities for women -- Equal opportunities for lesbians and gays -- Liberty, equality, and proportionality -- 4. Fraternity. Philosophical objections to social and economic rights -- Rethinking old ideas in a new millennium -- Legal enforcement of social and economic rights -- The justice of fair shares -- The law of fair shares -- 5. Proportionality. Proportionality and the paradox -- The neutrality of proportionality -- The logic of proportionality -- The justice of proportionality -- Proportionality and private schools -- Proportionality and pragmatism.
1. The forms and limits of constitutional interpretation. Judicial review and democracy -- Contract theory -- Process theory -- Moral theory -- Judicial practice -- 2. Liberty. Interpretivism -- Pragmatism -- Religious liberty and popular sovereignty -- Religious liberty on the Sabbath -- Religious liberty and state morality -- Revelations -- 3. Equality. Sex discrimination -- Equal opportunities for women -- Equal opportunities for lesbians and gays -- Liberty, equality, and proportionality -- 4. Fraternity. Philosophical objections to social and economic rights -- Rethinking old ideas in a new millennium -- Legal enforcement of social and economic rights -- The justice of fair shares -- The law of fair shares -- 5. Proportionality. Proportionality and the paradox -- The neutrality of proportionality -- The logic of proportionality -- The justice of proportionality -- Proportionality and private schools -- Proportionality and pragmatism.
Biblio Notes
Includes index.
Donated by Graham Price.
Donated by Graham Price.
Number of Copies
1
