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How should fundamental provisions of a democratic constitution be interpreted? These questions have divided constitutional theorists and those responsible for interpreting and applying constitutional law including, notoriously, the current U.S. Supreme Court. Justice Breyer is the most prominent liberal voice in the Supreme Court, this book distils his experience of interpreting the U.S. constitution and outlines a general liberal theory of the role of constitutional courts.  Breyer argues that the primary role of a democratic constitution is to preserve and encourage 'Active Liberty': citizen participation in shaping government and its laws. The book argues that promoting active liberty requires judicial modesty and deference to legislative bodies; it also requires the recognition of the changing needs and demands of the populace. Breyer makes a powerful case against treating constitutions as a static guide for a world that has passed into history.  Throughout the book, active liberty is employed as a foundational concept to illuminate the interpretation of key constitutional questions, and recent Supreme Court controversies, such as the scope of free speech and racial equality protection.  For this revised, international edition of the book, Justice Breyer extends his discussion of democratic theory to examine topical questions in European constitutional law, including the legitimacy of the European Union, religious freedom under the European Convention on Human Rights.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51000040194321,"sku":"","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ NEW \/ INGRAM","offer_id":51000043929873,"sku":"NIN9780199227075","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52516223254801,"sku":"NLS9780199227075","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0199227071.jpg?v=1776938982"},{"product_id":"against-the-death-penalty-book-stephen-breyer-9780815740568","title":"Against the Death Penalty","description":"A landmark dissenting opinion arguing against the death penalty.  Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues that it does; that it is carried out unfairly and inconsistently and, thus, violates the ban on \"\"cruel and unusual punishments\"\" specified by the Eighth Amendment to the Constitution.  “Today’s administration of the death penalty,” Breyer writes, “involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use.”  This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty.  Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia—as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51502874820881,"sku":"","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ NEW \/ INGRAM","offer_id":51502875410705,"sku":"NIN9780815740568","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52452287119633,"sku":"NLS9780815740568","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ GOOD \/ SBYB","offer_id":52814847836433,"sku":"CIN0815740565G","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0815740565.jpg?v=1750946811"},{"product_id":"reading-the-constitution-book-stephen-breyer-9781668021545","title":"Reading the Constitution","description":"\u003cb\u003e\u003ci\u003eNew York Times\u003c\/i\u003e Bestseller\u003c\/b\u003e\u003cbr\u003e \u003cbr\u003e \u003cb\u003eIn a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a more pragmatic approach of the Constitution.\u003c\/b\u003e\u003cbr\u003e \u003cbr\u003e \u003cb\u003e\"You will not read a more important legal work this election year.\" --Bob Woodward, \u003ci\u003eWashington Post\u003c\/i\u003e reporter and author of fifteen #1 \u003ci\u003eNew York Times\u003c\/i\u003e bestselling books\u003c\/b\u003e\u003cbr\u003e \u003cbr\u003e \u003cb\u003e\"A dissent for the ages.\" --\u003ci\u003eThe Washington Post\u003c\/i\u003e\u003c\/b\u003e\u003cbr\u003e \u003cbr\u003e \u003cb\u003e\"Breyer's candor about the state of the court is refreshing and much needed.\" --\u003ci\u003eThe Boston Globe\u003c\/i\u003e\u003c\/b\u003e\u003cbr\u003e \u003cbr\u003e The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written.\u003cbr\u003e \u003cbr\u003e This, however, is not Justice Breyer's philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall's exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations.\u003cbr\u003e \u003cbr\u003e Most important in interpreting law, says Breyer, is to understand the statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important Supreme Court cases in the nation's history, among them the \u003ci\u003eDobbs\u003c\/i\u003e and \u003ci\u003eBruen\u003c\/i\u003e decisions from 2022 that he argues were wrongly decided and have led to harmful results.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51592962113809,"sku":"","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ NEW \/ INGRAM","offer_id":51592962146577,"sku":"NIN9781668021545","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ VERY_GOOD \/ SBYB","offer_id":52626773442833,"sku":"CIN1668021544VG","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ GOOD \/ SBYB","offer_id":53243713650961,"sku":"CIN1668021544G","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/1668021544.jpg?v=1750896278"},{"product_id":"reading-the-constitution-why-i-chose-pragmatism-not-textualism-cd-9781797176871","title":"Reading the Constitution","description":"\u003cb\u003e\u003cb\u003eA provocative, brilliant analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a better way to interpret the Constitution\u003c\/b\u003e.\u003c\/b\u003eThe relatively new judicial philosophy of textualism dominates the Supreme Court. 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