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This book explains what it means to have a constitutional right - which is often less than people think. It examines how, and why, rights can be outweighed by 'compelling governmental interests'. Using historical examples, the book illuminates the nature of the judicial role in protecting genuinely meaningful rights.

This book explains what it means to have a constitutional right - which is often less than people think. It examines how, and why, rights can be outweighed by 'compelling governmental interests'. Using historical examples, the book illuminates the nature of the judicial role in protecting genuinely meaningful rights.

In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.

This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility...

In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.