Active Liberty

Interpreting a Democratic Constitution

Stephen Breyer (Justice of the Supreme Court of the United States)

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English

Oxford University Press
01 January 2008

Constitution: government & the state; Political structures: democracy; Human rights; Law; Constitutional & administrative law

Series: Clarendon Law Lectures

What role should courts play in a modern democracy?

How should fundamental provisions of a democratic constitution be interpreted?

These questions have divided constitutional theorists and those responsible for interpreting and applying constitutional law including, notoriously, the current U.S. Supreme Court.

Justice Breyer is the most prominent liberal voice in the Supreme Court, this book distils his experience of interpreting the U.S. constitution and outlines a general liberal theory of the role of constitutional courts.

Breyer argues that the primary role of a democratic constitution is to preserve and encourage 'Active Liberty': citizen participation in shaping government and its laws. The book argues that promoting active liberty requires judicial modesty and deference to legislative bodies; it also requires the recognition of the changing needs and demands of the populace.

Breyer makes a powerful case against treating constitutions as a static guide for a world that has passed into history.

Throughout the book, active liberty is employed as a foundational concept to illuminate the interpretation of key constitutional questions, and recent Supreme Court controversies, such as the scope of free speech and racial equality protection.

For this revised, international edition of the book, Justice Breyer extends his discussion of democratic theory to examine topical questions in European constitutional law, including the legitimacy of the European Union, religious freedom under the European Convention on Human Rights.

By: Stephen Breyer (Justice of the Supreme Court of the United States)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: Revised edition
Dimensions: Height: 223mm, Width: 145mm, Spine: 17mm
Weight: 387g
ISBN: 9780199227075
ISBN 10: 0199227071
Series: Clarendon Law Lectures
Pages: 216
Publication Date: 01 January 2008
Audience: College/higher education , A / AS level , Further / Higher Education
Format: Hardback
Publisher's Status: Active

1: Active Liberty 2: Freedom of Speech 3: Federalism 4: The Right of Privacy 5: Affirmative Action 6: Statutory Interpretation 7: Administrative Law 8: Purposive Interpretation 9: A Broader Application

Stephen Breyer is a Justice of the Unites States Supreme Court.

Reviews for Active Liberty: Interpreting a Democratic Constitution

A brisk, lucid and energetic book, written with conviction and offering a central argument that is at once provocative and appealing...Deserves a place of honour in national debates, now and in the future, about the role of the Supreme Court in American life. * The New Republic * Active Liberty will likely influence not only public debate but also how lawyers craft their cases. * The Wall Street Journal * Provocative and well-argued...What we need more of, Active Liberty insists, is not activist judges but activist citizens. * The New York Times * A breath of fresh air...His calm tone, straightforward language, wise understanding of the judicial craft, and respectful engagement with rival views could not be more timely. * Policy Review * Impeccable advice for the powerful in all walks of life. * The Boston Globe * Breyer's prose is admirably simple and clear, and his discussion shows a keen legal intellect that espouses broad values rather than narrow theories, and a deep, humane concern with fostering democracy and the well-being of the citizenry. This will be essential reading at a possibly watershed moment for the Supreme Court. * Publishers Weekly * Review from previous edition Fluid...Should show up on every litigator's bookshelf, providing how-to advice like a do-it-yourself guidebook to judicial reasoning. * New York Law Journal *