FOREWORD: RIGHTS AS TRUMPS?

FOREWORD RIGHTS AS TRUMPS?

Greene discusses in his foreword in the constitutional law that rights are absolute but for the exceptional circumstances in which they may be limited under the first frame. Constitutional adjudication within this frame is primarily an interpretive exercise fixed on identifying the substance and rea...

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Bibliographic Details
Published in:Harvard law review Vol. 132; no. 1; pp. 28 - 132
Main Author: Greene, Jamal
Format: Journal Article
Language:English
Published: Cambridge Harvard Law Review Association 01-11-2018
Subjects:
Adjudication
Constitutional law
Constitutional rights
Democracy
Justification
THE SUPREME COURT 2017 TERM
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Summary:Greene discusses in his foreword in the constitutional law that rights are absolute but for the exceptional circumstances in which they may be limited under the first frame. Constitutional adjudication within this frame is primarily an interpretive exercise fixed on identifying the substance and reach of any constitutional rights at issue. Under the second frame, rights are limited but for the exceptional circumstances in which they are absolute. Adjudication within this frame is primarily an empirical exercise fixed on testing the government's justification for its action.
ISSN:0017-811X
2161-976X