Constitutional Conscience

Constitutional Conscience
Author: H. Jefferson Powell
Publisher: University of Chicago Press
Total Pages: 161
Release: 2008-09-15
Genre: Law
ISBN: 0226677303

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While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.


Constitutional Conscience
Language: en
Pages: 161
Authors: H. Jefferson Powell
Categories: Law
Type: BOOK - Published: 2008-09-15 - Publisher: University of Chicago Press

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While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued
The Conscience of the Constitution
Language: en
Pages: 217
Authors: Timothy Sandefur
Categories: Law
Type: BOOK - Published: 2013-11-12 - Publisher: Cato Institute

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The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to
Conscience and the Constitution
Language: en
Pages: 308
Authors: David A. J. Richards
Categories: Law
Type: BOOK - Published: 2014-07-14 - Publisher: Princeton University Press

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At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendment
Conscience and the Constitution
Language: en
Pages: 134
Authors: Moses Stuart
Categories: History
Type: BOOK - Published: 1850 - Publisher: University of Michigan Library

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The Law's Conscience
Language: en
Pages: 318
Authors: Peter Charles Hoffer
Categories: Law
Type: BOOK - Published: 2000-11-09 - Publisher: Univ of North Carolina Press

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The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civi