Constructing Basic Liberties: A Defense of Substantive Due Process
James E. Fleming, "Constructing Basic Liberties: A Defense of Substantive Due Process"
English | ISBN: 0226821404 | 2022 | 284 pages | PDF | 2 MB
English | ISBN: 0226821404 | 2022 | 284 pages | PDF | 2 MB
A strong and lively defense of substantive due process.
From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today.
Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic,
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