Constitutional Conscience: The Moral Dimension of Judicial Decision
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Constitutional Conscience: The Moral Dimension of Judicial Decision

by H. Jefferson Powell
     
 

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ISBN-10: 0226677257

ISBN-13: 9780226677255

Pub. Date: 06/01/2008

Publisher: University of Chicago Press

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

Overview

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.      
 

Product Details

ISBN-13:
9780226677255
Publisher:
University of Chicago Press
Publication date:
06/01/2008
Edition description:
New Edition
Pages:
144
Sales rank:
997,235
Product dimensions:
5.70(w) x 8.50(h) x 0.90(d)

Table of Contents

Preface
Introduction
Chapter One: The Rule of Five
Chapter Two: Playing the Game
Chapter Three: A Question of Degree
Chapter Four: Men and Women of Goodwill
Chapter Five: Making It Up as We Go Along
Conclusion: To Govern Ourselves in a Certain Manner
Notes
Index

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