Justice Kennedy's jurisprudence : the full and necessary meaning of liberty / Frank J. Colucci.

Justice Kennedy's jurisprudence : the full and necessary meaning of liberty / Frank J. Colucci.

9780700616626 (alk. paper)
0700616624 (alk. paper)

Lawrence, Kan. : University Press of Kansas, [2009]

©2009

English

xi, 243 pages : illustrations ; 24 cm

KF4749 .C6425 2009

342.7308/5

With a record reliably neither liberal nor conservative, Kennedy has generally been viewed as a capricious, indecisive moderate. Frank Colucci, however, argues that Kennedy indeed displays a coherent approach to constitutional interpretation. Colucci identifies Kennedy's core belief: that judges have a duty to ensure the word liberty in the Constitution be given its full and necessary meaning. Colucci shows that Kennedy rejects theories of originalism and judicial restraint. Instead, Kennedy adopts a moral reading of the Constitution in which liberty and human dignity trump even democracy. --from publisher description.

Includes bibliographical references and index.

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