Constitutional Symmetry: Judging in a Divided Republic

Name: Constitutional Symmetry: Judging in a Divided Republic
Brand: Cambridge University Press
SKU: 9781009391849
Price: 1134.90 HKD
Availability: InStock
Author: Zachary S. Price
ISBN: 9781009391849

By Zachary S. Price

Cambridge University Press November 2024

Specifications

ISBN-13: 9781009391849
Publisher: Cambridge University Press
Publication: November 2024
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Paperback

Details

Intense political disagreements over constitutional law and the Supreme Court have divided America. Constitutional Symmetry offers a fresh perspective by urging judges to make decisions that work 'symmetrically' across major partisan and ideological divides instead of favoring one partisan coalition over the other. Zachary S. Price argues this approach will aid the political process, align with the role morality of judging, and advance the framers' hopes for the Constitution. Chapters explore how this approach can encourage new solutions to fraught debates over free speech, religious liberty, separation of powers, federalism, affirmative action, gun rights, abortion, parental rights, and the law of democracy. Timely and innovative, this book is must-read for anyone seeking to understand the sources and implications of constitutional polarization in the contemporary United States.

Introduction. The constitution and polarized politics

Part I. Symmetry Explained

1. The problem

2. The solution

3. Reasons to favor symmetry

4. Objections, alternatives, and refinements

Part II. Symmetry applied

5. Speech, association, and religion

6. Separation of powers and federalism

7. Equal protection

8. Guns and fundamental rights

9. Law of democracy