Foreshadows of the Law: Supreme Court Dissents and Constitutional DevelopmentBloomsbury Academic, 18.11.1992 - 168 Seiten The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies. |
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... right of privacy , like economic liberty , is not specified by the Consti- tution . Unlike marketplace freedom , which was abandoned as a constitu- tional concern earlier this century , privacy has evolved and endured as a fundamental right ...
... right of privacy for constitu- tional purposes thus establishes some personal safe harbors and reserves certain question for self - determination . As Laurence Tribe has described it , " privacy is nothing less than society's limiting ...
... privacy as well , if it is to be a repository of freedom . The right to be let alone is indeed the beginning of all freedom . Part of our claim to privacy is in the prohibition of the Fourth Amendment against unrea- sonable searches and ...
Inhalt
A Constitutional Right in Slavery | 1 |
Images of a New Union | 25 |
Constitutional Redefinition and National Reconstruction | 43 |
Urheberrecht | |
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Foreshadows of the Law: Supreme Court Dissents and Constitutional Development Bloomsbury Publishing Eingeschränkte Leseprobe - 1992 |
Foreshadows of the Law: Supreme Court Dissents and Constitutional Development Donald E. Lively Keine Leseprobe verfügbar - 1992 |