What do you think?
Rate this book
Dynamic freedom
Dynamic Freedom. Should the Constitution be interpreted as it is written or is there room for the judge to intervene? Steven G. Breyers, Constitutional Interpretation of Active Liberty Justice. U.S. Supreme Court Justice Steven G. Breyers translation of the constitutional interpretation "active liberty" into Korean.
How should the Constitution be interpreted? Should it be interpreted literally, as it is written, and should not intervene further? Or what other interpretation principles exist? Can the judge actively intervene in the case and make judgments? If the judge goes beyond the literary limits of the Constitution, then the arbitrary ruling of the judge, that is, the judicial dictatorship, is inevitable. At this point, there is a critical point in the critique of Scalias primordialism or literaryism to progressive judicial aggression, and the answer of Supreme Court Justice Breyers is "dynamic freedom."
The Supreme Court judge argues that, beyond the literal limits of the Constitution, the Constitution should focus analytically on its own purposes. According to him, the US federal constitution has a clear purpose of active liberty. Dynamic Freedom is a unique form of freedom aimed at delivering more democracy to citizens and, to all, to all people, which is the We the People of the United States, It is a unique political identity. Therefore, according to Breyers, it is inevitable and natural that when the problem can not be solved through interpretation in the literal language of the Constitution, the judge of the Supreme Court shall devise and present the best solution for the realization of "dynamic freedom".
How should the Constitution be interpreted? Should it be interpreted literally, as it is written, and should not intervene further? Or what other interpretation principles exist? Can the judge actively intervene in the case and make judgments? If the judge goes beyond the literary limits of the Constitution, then the arbitrary ruling of the judge, that is, the judicial dictatorship, is inevitable. At this point, there is a critical point in the critique of Scalias primordialism or literaryism to progressive judicial aggression, and the answer of Supreme Court Justice Breyers is "dynamic freedom."
The Supreme Court judge argues that, beyond the literal limits of the Constitution, the Constitution should focus analytically on its own purposes. According to him, the US federal constitution has a clear purpose of active liberty. Dynamic Freedom is a unique form of freedom aimed at delivering more democracy to citizens and, to all, to all people, which is the We the People of the United States, It is a unique political identity. Therefore, according to Breyers, it is inevitable and natural that when the problem can not be solved through interpretation in the literal language of the Constitution, the judge of the Supreme Court shall devise and present the best solution for the realization of "dynamic freedom".
Paperback
Published March 2, 2016
About the author
Stephen G. Breyer
41 books78 followersStephen Gerald Breyer is a retired Associate Justice of the U.S. Supreme Court. Appointed by Democratic President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court.
Following a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well-known as a law professor and lecturer at Harvard Law School starting in 1967. There he specialized in the area of administrative law, writing a number of influential text books that remain in use today. He held other prominent positions before being nominated for the Supreme Court, including special assistant to the United States Assistant Attorney General for Antitrust, and assistant special prosecutor on the Watergate Special Prosecution Force in 1973.
In his 2005 book Active Liberty, Breyer made his first attempt to systematically lay out his views on legal theory, arguing that the judiciary should seek to resolve issues so as best to encourage popular participation in governmental decisions.
Following a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well-known as a law professor and lecturer at Harvard Law School starting in 1967. There he specialized in the area of administrative law, writing a number of influential text books that remain in use today. He held other prominent positions before being nominated for the Supreme Court, including special assistant to the United States Assistant Attorney General for Antitrust, and assistant special prosecutor on the Watergate Special Prosecution Force in 1973.
In his 2005 book Active Liberty, Breyer made his first attempt to systematically lay out his views on legal theory, arguing that the judiciary should seek to resolve issues so as best to encourage popular participation in governmental decisions.
Ratings & Reviews
Friends & Following
Create a free account to discover what your friends think of this book!
Community Reviews
No one has reviewed this book yet.