Oxford University Press Toleration and the Constitution

Product Description The author argues the relevance of philosophical and political theory for the interpretation of law, and especially for constitutional interpretation. He surveys all of the major contemporary theories of constitutional interpretation, and concludes that 'interpretivism', the view that interpretation should concern itself only with the text of the American Constitution and the intentions of its framers, is invalid. He presents both historical and theoretical arguments in support of a contractarian theory of interpretation - a theory that affirms the moral sovereignty of the people, and maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. The book goes on to examine some of the implications of this theory through important issues in constitutional law: freedom of religion, speech, and privacy. Review The virtues of the book are manifest: it is clearly and vigorously argued, richly illustrated, and goes straight to the heart of issues that are of deep concern.-- University of Toronto Law Journal A challenging, well-thought-out work that...should spur further discourse.-- The Historian Deserves the serious attention of constitutional scholars and judges.-- American Historical Review Stimulating theoretical, historical, and legal scholarship.-- Choice Review ` Filled with interesting and novel ideas ... Richards uses political theory to illuminate constitutional issues in a powerful and informed way ... an important contribution to an important field.' Cass Sunstein, University of Chicago