Constitutional rights, moral controversy, and the Supreme Court
By: Michael J. Perry.
Publisher: Cambridge University Press
Published: 2008
Place of publication: New York
Language: eng
Number of pages: 254
ISBN-13: 9780521755955
Subjects: Thayer, James Bradley, -- 1831-1902; Constitutional law -- United States; Civil rights -- United States; Political questions and judicial power -- United States; Capital punishment -- United States; Same-sex marriage -- United States; Abortion -- Law and legislation -- United States
Description: "If a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: (1) Is the challenged law unconstitutional? (2) Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment?"--Provided by publisher.
Notes: Includes bibliographical references and index.
Table of contents: title: A (partial) theory of judicial review; title: Human rights : from morality to constitutional law; title: Constitutionally entrenched human rights, the Supreme Court, and Thayerian deference; title: Capital punishment; title: Same-sex unions; title: Abortion; title: Thayerian deference revisited; title: Religion as a basis of lawmaking? : herein of the nonestablishment of religion.