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Full-Text Articles in Law

Securing Deliberative Autonomy, James E. Fleming Nov 1995

Securing Deliberative Autonomy, James E. Fleming

Faculty Scholarship

In this article, Professor Fleming proposes to tether the right of autonomy by grounding it within a constitutional constructivism, a guidingframeworkfor constitutional theory with two fundamental themes: deliberative democracy and deliberative autonomy. He advances deliberative autonomy as a unifying theme that shows the coherence and structure of certain substantive liberties on a list of familiar "unenumerated" fundamental rights (commonly classed under privacy, autonomy, or substantive due process). The bedrock structure of deliberative autonomy secures basic liberties that are significant preconditions for persons' ability to deliberate about and make certain fundamental decisions affecting their destiny, identity, or way of life. As …


What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser Jan 1995

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Publications

No abstract provided.


Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen Jan 1995

Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.