Universal Rights and the Constitution (SUNY series in American…


Universal Rights and the Constitution (SUNY series in American Constitutionalism)
Publisher: State University of New York Press
Date: 2015-01-02
ISBN-10: 1438451865
ISBN-13: 9781438451862
Language: English
Pages: 196
Added: 2018-07-21 10:52:06

Innovative examination of the tensions between universal and more uniquely American definitions of cherished rights.

Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights.

Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation. Show more Show less e8fa146a7ecb0e6143e4ddd94214343b]https://novafile.com/uh2wh489uwvs Size: (3.50 MB) [/code]7197db438e8d6253003912dd818a5d5f] Bad link [/code]File name: 1438451857.pdf File size: 3.50 MB 68c3b831d8b76a0f2f67c06c266f3efa]https://novafile.com/b7aah13hljd2 Size: (481.30 KB) [/code]62ef9bcf1e1d41b5014668630b040ebc] Bad link [/code]File name: 1438451857.epub File size: 481.30 KB

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