Hidden Bibliographic Details
| ISBN: | 9780511651748
0511651740
9780511809507
0511809506
9780521762045
0521762049
9781107404540
1107404541
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| Notes: | Includes bibliographical references and index.
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| Summary: | Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions - like freedom of religion, same-sex marriage, affirmative action and abortion - into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions of moral pluralism. His defense of judicial review is predicated on the imperative of ensuring that the reasons that the state offers on behalf of its most important laws are consistent with the freedom and equality of all persons. Den Otter ties this defense to a theory of constitutional adjudication based on John Rawls's idea of public reason and argues that a law that is not sufficiently publicly justified is unconstitutional, thus addressing when courts should invalidate laws and when they should uphold them even in the midst of reasonable disagreement about the correct outcome in particular constitutional controversies.
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| Other form: | Print version: Den Otter, Ronald C. Judicial review in an age of moral pluralism. Cambridge ; New York : Cambridge University Press, 2009 9780521762045
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