Fleming, James E.
Constructing Basic Liberties: A Defense of Substantive Due Process
- ISBN 13:
- 9780226821405
- author:
- Fleming, James E.
- format:
- Paperback / softback
- publisher:
- University of Chicago Press
- language:
- English
- Publication Year:
- 2022
- Pages:
- 288
- Dimensions:
- 22.9 x 15.2 x 2.3 centimetres
- Genre:
- Nonfiction, Law, General,
- Condition:
- New
- Availability:
- Item usually sent within 10 working days
Description
Constructing Basic Liberties: A Defense of Substantive Due Process by James E. Fleming is a strong and lively defense of substantive due process, a doctrine that underpins many of our basic liberties. This book explores the development of the doctrine over the last half-century, examining its underlying coherence and structure. Fleming argues that substantive due process is essential to our constitutional democracy, defending it against charges that it is indeterminate and undemocratic. He shows how the Supreme Court has constructed basic liberties through common law constitutional interpretation, making complex normative judgments about what liberties are significant for personal self-government. By elaborating key distinctions and tools for interpretation, Fleming makes a powerful case for substantive due process as a worthy practice based on our constitutional commitments to protecting ordered liberty and securing equal citizenship.
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