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Constitutional Conscience H. Jefferson Powell

Constitutional Conscience By H. Jefferson Powell

Constitutional Conscience by H. Jefferson Powell


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Summary

Advocating a different approach - one that eschews ideology but still values personal perspective, this work makes a case for the centrality of individual conscience in constitutional decision making. It argues that almost every controversial decision has more than one constitutionally defensible resolution.

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Constitutional Conscience Summary

Constitutional Conscience: The Moral Dimension of Judicial Decision by H. Jefferson Powell

While many recent observers have accused American judges - especially Supreme Court justices - of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach - one that eschews ideology but still values personal perspective - H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making.Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges - as well as lawyers and citizens - is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.

Constitutional Conscience Reviews

This is an inspiring and wise book. It is imbued with the very virtues it expounds and advocates: faith, integrity, candor, and humility. Powell's arguments are cogent and incisive - they invariably go to the heart of the matter - and his critiques are profound. - James E. Fleming, author of Securing Constitutional Democracy

About H. Jefferson Powell

H. Jefferson Powell is a professor at Duke Law School. His books include A Community Built on Words: The Constitution in History and Politics, also published by the University of Chicago Press.

Additional information

CIN0226677257G
9780226677255
0226677257
Constitutional Conscience: The Moral Dimension of Judicial Decision by H. Jefferson Powell
Used - Good
Hardback
The University of Chicago Press
20080601
144
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Constitutional Conscience