Fundamental Rights

History of a Constitutional Doctrine

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Social Science, Sociology
Cover of the book Fundamental Rights by Milton Konvitz, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Milton Konvitz ISBN: 9781351518314
Publisher: Taylor and Francis Publication: July 12, 2017
Imprint: Routledge Language: English
Author: Milton Konvitz
ISBN: 9781351518314
Publisher: Taylor and Francis
Publication: July 12, 2017
Imprint: Routledge
Language: English

One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws.

In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws.

In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of

More books from Taylor and Francis

Cover of the book New Developments in Goal Setting and Task Performance by Milton Konvitz
Cover of the book Think Tanks and Civil Societies by Milton Konvitz
Cover of the book Abū’l-Barakāt al-Baghdādī’s Metaphysical Philosophy by Milton Konvitz
Cover of the book Jains in India by Milton Konvitz
Cover of the book Agricultural Land Use and Natural Gas Extraction Conflicts by Milton Konvitz
Cover of the book Girls and Exclusion by Milton Konvitz
Cover of the book Global Media and Public Diplomacy in Sino-Western Relations by Milton Konvitz
Cover of the book Photographic Possibilities by Milton Konvitz
Cover of the book The Cyberspace Handbook by Milton Konvitz
Cover of the book Managing AIDS by Milton Konvitz
Cover of the book The Curriculum of the Future by Milton Konvitz
Cover of the book Cognitive Psychology by Milton Konvitz
Cover of the book Is Faith in God Reasonable? by Milton Konvitz
Cover of the book The Philosophy of metaReality by Milton Konvitz
Cover of the book Encyclopedia of Latin American Literature by Milton Konvitz
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy