{"title":"James E. Fleming","description":"\u003cp\u003eJames E. Fleming's works offer a profound exploration of legal philosophy, focusing on the foundations of constitutional law and civil liberties. Readers can expect thoughtfully crafted analyses that delve into the principles shaping basic rights and justice in society.\u003c\/p\u003e\n\n\u003cp\u003eRooted in the \u003cem\u003eEducation \u0026amp; Reference\u003c\/em\u003e category, these books provide valuable insights for students, scholars, and anyone interested in the theoretical underpinnings of law and governance. Fleming’s writing invites reflection on the balance between individual freedoms and legal frameworks.\u003c\/p\u003e","products":[{"product_id":"constructing-basic-liberties-by-james-e-fleming-9780226821405","title":"Constructing Basic Liberties","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eA strong and lively defence of substantive due process.\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eFrom reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today.\u003c\/p\u003e\n\n\u003cp\u003eAgainst recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, \u003ci\u003eConstructing Basic Liberties\u003c\/i\u003e reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government.\u003c\/p\u003e\n\n\u003cp\u003eElaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":47470328086764,"sku":"9780226821405","price":56.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9780226821405-constructing-basic-liberties.jpg?v=1775216406"}],"url":"https:\/\/bookhero.co.nz\/collections\/james-e-fleming.oembed","provider":"Book Hero","version":"1.0","type":"link"}