Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law
Fidelity To Our Imperfect Constitution, James E. Fleming
Fidelity To Our Imperfect Constitution, James E. Fleming
Faculty Scholarship
What is the question of fidelity a question about? The topic of our Symposium, "Fidelity in Constitutional Theory," raises two fundamental questions: Fidelity to what? and What is fidelity? The short answer to the first-fidelity to the Constitution-poses a further question: What is the Constitution? For example, does the Fourteenth Amendment embody abstract moral principles or enact relatively concrete historical rules? And does the Constitution presuppose a political theory of majoritarian democracy or one of constitutional democracy? The short answer to the second-being faithful to the Constitution in interpreting it-leads to another question: How should the Constitution be interpreted?' Does …
Integrity And Universality: A Comment On Dworkin's Freedom's Law, Robin West
Integrity And Universality: A Comment On Dworkin's Freedom's Law, Robin West
Georgetown Law Faculty Publications and Other Works
Ronald Dworkin has done more than any other constitutional lawyer, past or present, to impress upon us the importance of integrity to constitutional law, and hence to our shared public life. Far from being merely a private virtue, Dworkin has shown that integrity imposes constraints upon and provides guidance to the work of judges in constitutional cases: Every constitutional case that comes before a court must be decided by recourse to the same moral principles that have dictated results in relevant similar cases in the past. Any group or individual challenging the constitutionality of legislation which adversely affects his or …
Taking Our Actual Constitution Seriously, Thomas D. Eisele
Taking Our Actual Constitution Seriously, Thomas D. Eisele
Faculty Articles and Other Publications
In this review, by concentrating on the general aim of Dworkin's book, I hope to contribute to the discussion this book is sure to generate. What does the "moral reading" of our Constitution amount to, and what alternative do we have to endorsing such a reading? I ask these questions from what I would call a jurisprudential
perspective. For, while I do teach Jurisprudence, I do not teach Constitutional Law, other than some constitutional law themes that find their way into my Property and Wills & Trusts courses. Accordingly, I am not well placed to review the details or
the …
Truth, Justice, And The American Constitution, Michael C. Dorf
Truth, Justice, And The American Constitution, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.