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Active Liberty: Interpreting Our Democratic Constitution is a 2005 book by United States Supreme Court Justice Stephen Breyer. [1]
- Stephen G. Breyer
- 2005
13 de jun. de 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.
- 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.
2 de mar. de 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.
Throughout the book, active liberty is employed as a foundational concept to illuminate the interpretation of key constitutional questions, and recent Supreme Court controversies, such as the scope of free speech and racial equality protection.
Active Liberty emphasizes one theme that Breyer says runs through our primal document and that should help guide how we determine its meaning in a wide variety of cases: the idea of democratic participation.
Active liberty is distinct from the idea that the overriding purpose of constitutionalism is to "protect the individual citizen from the tyr- anny of the majority" (p. 4).
