Active Liberty Interpreting a Democratic Constitution

• Presents the authoritative statement of Justice Breyer's liberal theory of democratic constitutionalism, a leading voice of the U.S. Supreme Court
• Provides a coherent guide for constitutional interpretation for judges and practitioners involved in constitutional litigation
• Offers an original contribution to the liberal theory of democratic government, including the role and scope of human rights protection

New to this edition

• A new chapter discusses central questions of European constitutional law, including the foundations of EU legitimacy, and religious freedom as a human right

What role should courts play in a modern democracy? 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.

Readership: Academics and students researching Constitutional Law and Theory, or the practice of the US Supreme Court; political scientists interested in the democratic theory and constitutionalism; Judges and practitioners involved in interpreting constitutions and statutes