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Constitutional Conscience
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Constitutional Conscience: The Moral Dimension of Judicial Decision

H. Jefferson Powell

Abstract

While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—this book makes a case for the centrality of individual conscience in constitutional decision making. The book argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, it goes on to contend, the language an ... More

Keywords: judges, Supreme Court, decision making, Constitution, constitutional virtues, candor, intellectual honesty, constitutional adjudication, judicial review, conscience

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780226677255
Published to Chicago Scholarship Online: March 2013 DOI:10.7208/chicago/9780226677309.001.0001

Authors

Affiliations are at time of print publication.

H. Jefferson Powell, author

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