Procedural due process guarantees to individual members of the polity that government will treat each of them with fairness and respect when seeking to take their life, liberty, or property. Although enshrined in the US Constitution's Fifth and Fourteenth Amendments, the scope of those guarantees has long been a source of public and academic debate.
Due Process as American Democracy develops an entirely new approach to the procedural due process, grounded in foundational precepts of American political theory. It argues that American political thought comes from an adversarial understanding of democracy where individuals need to protect their own interests, because no one else can be trusted to do so. This skeptical democracy informs the separation of powers and operates as the protector of liberal democracy. When applied to procedural due process, adversary democracy dictates a skepticism of both judges and those who seek unilaterally to represent the individuals' interests. The end result is a demand for strong protections of judicial neutrality and independence far beyond what is presently required and imposition of serious restrictions on the ability of courts to appoint others to protect individuals' legally protected interests. The book applies these underlying democratic premises to areas of modern civil procedure and constitutional law, urging dramatic alterations in both.
Original and provocative,Due Process as American Democracy provides a fresh view of the constitutional guarantee of due process and will appeal to legal scholars, practitioners, and political theorists alike.
Rezensionen / Stimmen
Professor Redish's tour de force deftly blends political theory, constitutional theory, and doctrine into a thoughtful, ambitious, and provocative reconstruction of the concept of due process. Scholars interested in constitutional law, interpretative theory, civil procedure, administrative law, legal ethics, remedies, free speech, the public-private distinction, or the American constitutional order as a whole - just to name a few topics covered in this bold and engaging work - will find themselves sometimes cheering, sometimes jeering, but always thinking. This is scholarship at its best. * Professor Gary Lawson, Philip S. Beck Professor of Law, Boston University School of Law * No scholar has written more cogently about the intersection of democratic theory with American constitutional due process. In this provocative new book Professor Martin Redish challenges conventional due process accounts based on originalism, utilitarianism, and dignity values... The nub of Redish's argument is that due process accounts fail to ground it in underlying democratic theory or a proper appreciation of separation of powers doctrine. Redish revolutionizes due process thinking with a new theory based on concepts of liberal adversarial democracy and skeptical optimism. He illustrates his theory in settings such as complex multidistrict litigation, representative lawsuits, private contingent fee attorneys aligning with government attorneys, and administrative actions. * Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy, University of Texas School of Law * Procedural due process (PDP) is one of the most invoked and least understood concepts in American law. In this pathbreaking book, Professor Redish views PDP as an outgrowth of "liberal adversary democracy," rooted in mistrust of those who wield power. He uses this lens to illuminate problematic doctrine in civil procedure, administrative law, and constitutional law. Only a scholar of Redish's breadth and depth could write this sweeping and important book. It is a capstone achievement by one of America's preeminent constitutional theorists. * Richard Freer, Charles Howard Candler Professor of Law, Emory University * Excellent for law school collections. * Choice *
Reihe
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 216 mm
Breite: 163 mm
Dicke: 41 mm
Gewicht
ISBN-13
978-0-19-774741-4 (9780197747414)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Martin H. Redish is the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law; teaching and writing on the subjects of federal jurisdiction, civil procedure, freedom of expression, and constitutional law. Professor Redish has consistently ranked among the thirty-five most cited legal scholars of all time on Hein Online. He is the winner of the 2021 Association of American Law Schools Daniel J. Meltzer Award for Outstanding Scholarship and Teaching in Federal Courts, and he has testified numerous times as an expert witness before congressional committees.
Autor*in
Louis and Harriet Ancel Professor of Law and Public PolicyLouis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law
Introduction
1 Liberal Adversary Democracy
2 Due Process as Liberal Adversary Democracy
3 Multidistrict Litigation, Due Process, and the Dangers of Procedural Collectivism
4 Procedural Due Process and the Day-In-Court Ideal: Resolving the Virtual Representation Dilemma
5 Private Contingent Fee Lawyers, Public Power and Procedural Due Process
6 Due Process, Free Expression and the Administrative State
7 Constitutional Remedies as Due Process of Law
Conclusion
