Constructing Basic Liberties: A Defense of Substantive Due Process
James E. Fleming
A second death of substantive due process? Our practice of substantive due process ; The coherence and structure of substantive due process ; The rational continuum of ordered liberty -- Substantive due process does not "effectively decree the end of morals legislation". Is substantive due process on a slippery slope to "the end of all morals legislation"? ; Is moral disapproval enough to justify traditional morals legislation -- Substantive due process does not enact a utopian economic or moral theory. The ghost of Lochner v. New York ; Does substantive due process enact Mill's On Liberty? -- Conflicts between liberty and equality. The grounds for protecting basic liberties: liberty together with equality ; Accommodating gay and lesbian rights and religious liberty -- The future. The future of substantive due process.
年:
2022
出版社:
University of Chicago Press
语言:
english
页:
285
ISBN 10:
0226821390
ISBN 13:
9780226821399
文件:
PDF, 2.34 MB
IPFS:
,
english, 2022