Justice Kennedy's jurisprudence
Subtitle: the full and necessary meaning of liberty
By: Frank J. Colucci.
Publisher: University Press of Kansas
Published: 2009
Place of publication: Kansas
Language: eng
Number of pages: 243
ISBN-13: 9780700616626
Subjects: Kennedy, Anthony M., -- 1936-; Civil rights -- United States
Description: With a record reliably neither liberal nor conservative, Kennedy has generally been viewed as a capricious, indecisive moderate. Frank Colucci, however, argues that Kennedy indeed displays a coherent approach to constitutional interpretation. Colucci identifies Kennedy's core belief: that judges have a duty to ensure the word liberty in the Constitution be given its full and necessary meaning. Colucci shows that Kennedy rejects theories of originalism and judicial restraint. Instead, Kennedy adopts a moral reading of the Constitution in which liberty and human dignity trump even democracy. --From publisher description.
Notes: Includes bibliographical references and index.
Table of contents: title: Liberty, dignity, and personality; title: Still struggling : Anthony Kennedy and abortion; title: Kennedy's expansive conception of free speech; title: Kennedy's equality of neutral individualism; title: Splitting the atom of sovereignty : dignity and divided power.