The nature of constitutional rights : the invention and logic of strict judicial scrutiny /

"What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights exami...

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Bibliographic Details
Main Author: Fallon, Richard H., Jr., 1952-
Format: Book
Language:English
Published: Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019
Series:Cambridge studies on civil rights and civil liberties
Subjects:
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Table of Contents:
  • The historical emergence of strict judicial scrutiny
  • Strict scrutiny as an incompletely theorized agreement
  • Rights and interests
  • Tests besides strict judicial scrutiny and the nature of the rights that they protect
  • Legislative intent and deliberative rights
  • Rights, remedies, and justiciability
  • The core of an uneasy case for judicial review