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Item Details
Title: CONSTITUTIONAL CONSCIENCE
THE MORAL DIMENSION OF JUDICIAL DECISION
By: H. Jefferson Powell
Format: Hardback

List price: £27.00
Our price: £24.30
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10% off
You save: £2.70
ISBN 10: 0226677257
ISBN 13: 9780226677255
Availability: Usually dispatched within 1-3 weeks.
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Publisher: THE UNIVERSITY OF CHICAGO PRESS
Pub. date: 1 June, 2008
Pages: 144
Description: Advocating a different approach - one that eschews ideology but still values personal perspective, this work makes a case for the centrality of individual conscience in constitutional decision making. It argues that almost every controversial decision has more than one constitutionally defensible resolution.
Synopsis: 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.
Publication: US
Imprint: University of Chicago Press
Returns: Returnable
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