The Nature of Constitutional Rights: The Invention and Logic of Strict Judicial Scrutiny

by Richard H. Fallon Jr.

Book Overview

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 examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers...

• Format: Paperback
• Language: English
• ISBN: 1108703917
• ISBN13: 9781108703918
• Release Date: April 2019
• Publisher: Cambridge University Press
• Length: 220 Pages
• Weight: 0.70 lbs.
• Dimensions: 0.5" x 8.7" x 9.0"