Constitutional Rights -What They Are and What They Ought to Be

This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and institutions, as well as aspects related to public officials, private persons and associations. In addition, the book critically examines a considerable number of debates about whether some actual or proposed constitutional rights ought to be established and maintained in the United States constitution. It then identifies the kinds of reasons that justify or fail to justify constitutional rights. The book advances the debate and makes a contribution to the theory and the practice of constitutional rights.

Combines a theory of the nature of constitutional rights with ongoing debates about controversial examples Clarifies the crucial issues and assesses the relevant pro and con arguments Argues that there are four main classes of constitutional rights, not just two as is usually assumed in the US

Contenu

1. Constitutional Law.- 2. Constitutional Rights.- 3. Constitutional Institutions.- 4. Public Officials.- 5. Private Persons.- 6. Associations.- Postscript.