Toleration and the Constitution - Hardcover

Richards, David A. J.

Hardcover

ISBN 10: 019504018X ISBN 13: 9780195040180

Publisher: Oxford University Press Inc, 1986

Synopsis

Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. In fusing these myriad components, Professor Richards argues against the notion of "interpretivism"--the view that constitutional interpretation is concerned exclusively with the text of the Constitution and the views of its authors--and contends that the best political theory is one in which courts are permitted use contractarian theory to decide about individual rights that are immunized from majoritarian control. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy to abortion and consensual adult sexual relations.

About this title

Review

`Filled with interesting and novel ideas ... Richards uses political theory to illuminate constitutional issues in a powerful and informed way ... an important contribution to an important field.' Cass Sunstein, University of Chicago

Synopsis

This book argues the relevance of philosophical and political theory for the interpretation of law, and especially for constitutional interpretation.

Edition details

• Publisher: Oxford University Press Inc
• Publication date: 1986
• Language: English
• ISBN 10: 019504018X
• ISBN 13: 9780195040180
• Binding: Hardcover
• Number of pages: 368