Active Liberty: Interpreting Our Democratic Constitution

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Active Liberty: Interpreting Our Democratic Constitution image
ISBN-10:

0307274942

ISBN-13:

9780307274946

Author(s): BREYER, STEPHEN
Edition: 1
Released: Oct 10, 2006
Publisher: Vintage
Format: Paperback, 161 pages

Description:

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

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