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Defines and examines the principles of active liberty and emphasizes its importance in constitutional and statutory interpretation.
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Sitting Supreme Court Justice Breyer argues that the Constitution's lasting brilliance is that its great principles may adapt to cope with current situations rather than serve only as a static benchmark for a world that is dead and gone. Using examples from the areas of federalism to affirmative action, this is a vital contribution to the ongoing debate over the method and means used by the Supreme Court to approach the Constitution. Notes, Index. 176p.
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Supreme Court Justice Stephen Breyer discusses what the Supreme Court must do going forward to maintain the public's confidence, arguing for interpreting the Constitution in a way that works in practice. Breyer forecefully rejects competing approaches that look exclusively to the Constitution's text or to the 18th-century views of the framers. Instead, he advocates a pragmatic apsproach that applies unchanging constitutional values to ever-changing circumstances - an approach that will best demonstraste to the public that the constitution continues to serve us well. In additional, Justice Breyer examines the Court's recent decisions concerning the detainees held at Guantanamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during WWII. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Notes, Index. 270p.
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A Supreme Court justice outlines an accessible profile of the legislative branch's duties that explains its responsibility to safeguard the public while ensuring the cooperation of other government branches, sharing the stories behind key historical decisions. By the author of Active Liberty. Reprint. A best-selling book.
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Between the seventh and the fifth century BC, the political regime in some city-states in Greece evolved from monarchy to a kind of government by the free citizens called democracy, and this book drafts the red line of this type of regime. It explains democracy’s four main Aristotelian features—the rule by turn, the rule of law, education, and the role of the middle class—and describes and cites the historical milestones in its evolution. Touching upon on all of the pioneering stages through which political democracy has passed, this account quotes, comments, and highlights the specific importance of the main writings of American, British, French, German, Greek, and Roman philosophers, economists, jurists, and sociologists, and provides an overview of the principal declarations and international treaties on human rights.
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