Constitutional Symmetry : Judging in a Divided Republic

著者名：Price, Zachary S.

Cambridge University Press（2024/11/21発売）

• 言語：ENG
• ISBN：9781009391849
• eISBN：9781009391801

Description

Intense political disagreements over constitutional law and the Supreme Court have divided America. Constitutional Symmetry offers a fresh perspective by urging judges to make decisions that work 'symmetrically' across major partisan and ideological divides instead of favoring one partisan coalition over the other. Zachary S. Price argues this approach will aid the political process, align with the role morality of judging, and advance the framers' hopes for the Constitution. Chapters explore how this approach can encourage new solutions to fraught debates over free speech, religious liberty, separation of powers, federalism, affirmative action, gun rights, abortion, parental rights, and the law of democracy. Timely and innovative, this book is must-read for anyone seeking to understand the sources and implications of constitutional polarization in the contemporary United States.

Table of Contents

Introduction. The constitution and polarized politics; Part I. Symmetry Explained: 1. The problem; 2. The solution; 3. Reasons to favor symmetry; 4. Objections, alternatives, and refinements; Part II. Symmetry applied: 5. Speech, association, and religion; 6. Separation of powers and federalism; 7. Equal protection; 8. Guns and fundamental rights; 9. Law of democracy; Conclusion. a republic if you can keep it.