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Active Liberty: Interpreting Our Democratic Constitution is a 2005 book by United States Supreme Court Justice Stephen Breyer. The general theme of the book is that Supreme Court justices should, when dealing with constitutional issues, keep "active liberty" in mind, [1] which Justice Breyer defines as the right of the citizenry of ...
- Stephen G. Breyer
- 2005
13. Juni 2007 · His latest book, Active Liberty: Interpreting Our Democratic Constitution, based on his Tanner Lecture presented at Harvard University in 2004, is a telling example of how a practical reflection on law can enrich the field of political philosophy. In this essay, Breyer explicitly casts himself as the heir of Benjamin Constant.
- Pierre Rosanvallon
- 2007
In a word, these lectures are about democracy and the constitution. They illustrate a democratic theme—“active liberty”—which resonates throughout the constitution. In discussing its role, I hope to illustrate how this constitutional theme can afect a judge’s interpretation of a constitutional text.
- The Pragmatic Passion of Stephen Breyer
- Justice Breyer Throws Down the Gauntlet
- Justice Breyer's Democratic Pragmatism
- A. Three Claims
- C. Active Liberty as an Interpretive Tool
- D. Theories and Judging
Now in his twelfth year as a Supreme Court Justice, Stephen Breyer has written an important book, Active Liberty,' which crystallizes a fundamental set of beliefs about the American Constitution and his role as a Justice. Taking Active Liberty as the entry point, this piece places Breyer's book in the wider context of his judicial opinions and acti...
A Supreme Court Justice writing a book about constitutional law is like a dog walking on his hind legs: The wonder is not that it is done well but that it is done at all. The dog's walking is inhibited by anatomical limitations, the Justice's writing by political ones. Supreme Court Justices are powerful political figures; they cannot write with th...
The pragmatic method is primarily a method of settling metaphysical disputes that otherwise might be interminable. Is the world one or many?- fated or free? - material or spiritual? - here are notions either of which may or may not hold good of the world; and disputes over such notions are unending. The pragmatic method in such cases is to try to i...
This book announces and develops Breyer's theory. Its most distinctive feature is its effort to connect three seemingly disparate claims. The first is an insistence that judicial review can and should be undertaken with close reference to active liberty and to democratic goals, a point with clear links to the work of John Hart Ely.' The second is a...
Breyer is right to say that the Framers wanted to recognize both active liberty and negative liberty. But the Framers saw themselves as republicans, not as democrats, 03 and they did not believe in participatory democracy or in rule through town meetings. On this count, Breyer slides quickly over intense debates about what the American Framers actu...
None of this means that Breyer is wrong. On the contrary, I believe that he is generally right. He is right to reject originalism. He is right to say that the free speech principle should be understood in democratic terms. He is right to say that when the Court lacks important information it should rule cautiously and narrowly. He is right to resis...
- Richard A Posner
- 2006
Stephen Breyer, Active Liberty: Interpreting a Democratic Constitution (2008). Abstract: What role should courts play in a modern democracy? How should fundamental provisions of a democratic constitution be interpreted?
2. März 2012 · Active liberty : interpreting our democratic Constitution. This book, based on the Tanner lectures on Human Values that Justice Stephen Breyer delivered at Harvard University in November 2004, defines the term 'active liberty' as a sharing of the nation's sovereign authority with its citizens.
ACTIVE LIBERTY: A PROGRESSIVE ALTERNATIVE TO TEXTUALISM AND ORIGINALISM? ACTIVE LIBERTY: INTERPRETING OUR DEMOCRATIC CONSTITU- TION. By Stephen Breyer. New York: Alfred A. Knopf. 2005. Pp. 161. $21.00. Reviewed by Michael W. McConnell* The work of the federal courts generally blunders along unnoticed.
