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Genre/Form: | Nonfiction |
---|---|
Material Type: | Internet resource |
Document Type: | Book, Internet Resource |
All Authors / Contributors: |
Stephen G Breyer |
ISBN: | 0307263134 9780307263131 0307274942 9780307274946 |
OCLC Number: | 59280151 |
Description: | 161 pages ; 20 cm |
Contents: | The theme considered ... -- ... As falling within an interpretive tradition ... -- ... And consistent with the Constitution's history -- Applications -- Speech -- Federalism -- Privacy -- Affirmative action -- Statutory interpretation -- Administrative law -- Recapitulation -- A serious objection. |
Responsibility: | Stephen Breyer. |
More information: |
Abstract:
Defines and examines the principles of active liberty and emphasizes its importance in constitutional and statutory interpretation.
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Active Liberty by Stephen Breyer
Stephen Breyer believes that the U.S. Constitution and the statutes passed by Congress must allow interpretation that maximizes the participation of the public. "Active Liberty" is his term for a method of judicial interpretation that considers the intent of the framers of the Constitution, the wishes...
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Stephen Breyer believes that the U.S. Constitution and the statutes passed by Congress must allow interpretation that maximizes the participation of the public. "Active Liberty" is his term for a method of judicial interpretation that considers the intent of the framers of the Constitution, the wishes of the legislators who wrote the laws, the administrators who enforce the laws, and the public in whom all authority rests. While it calls for judicial restraint, it is not a method of literal interpretation. Breyer shows in the text of his new book Active Liberty: Interpreting Our Democratic Constitution that word by word analysis sometimes leads to mistaking general Congressional intent and often serves the public badly. Breyer wants as a Supreme Court Justice the ability to look beyond the statutory text to form decisions; he will often use texts of hearings, commentaries, and testimonies that suggest the consequences of law.In Active Liberty, Breyer discusses the application of his concept to free speech, federalism, privacy, affirmative action, statutory interpretation, and administrative law. He discusses cases brought before the Supreme Court, telling why he agreed or disagreed with the court's decisions. He points out that most Supreme Court decision are unanimous; most attention is given to the cases that divide the court. The colleague he quotes most in the book is retiring justice Sandra Day O'Connor.Active Liberty is a more readable book than you might imagine would be written by a Supreme Court justice. Taken from a series of lectures, it is also fairly short. It includes a really good explanation of why we have many elected officals with differing lengths of service. More libraries should buy it.
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Related Subjects:(27)
- Constitutional law -- United States.
- Law -- United States -- Interpretation and construction.
- Judicial process -- United States.
- Constituent power -- United States.
- Liberty.
- 86.50 constitutional law: general.
- Constituent power.
- Constitutional law.
- Judicial process.
- Law -- Interpretation and construction.
- United States.
- Verfassung
- Gesetzgebung
- USA
- Democratie.
- Vrijheid.
- Grondwetten.
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- Constitutent power -- United States.
- United States of America.
- Judicial review of legislation.
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- Droit constitutionnel -- Interprétation -- États-Unis.
- Droit -- Interprétation -- États-Unis.
- Processus judiciaire -- États-Unis.
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