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Sample text

29] Constitutional Rights The United States Constitution is silent about the fundamental moral ground of the human rights it entrenches. For that, we must look elsewhere – first and foremost to the Declaration of Independence, which affirms “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness . ” Those famous words, written in 1776, anticipate the twofold claim that is the morality of human rights: Every human being has inherent dignity and is inviolable.

Or a system of judicial ultimacy in which the Court exercises its power non-deferentially? 21 22 23 Thayer, “The Origin and Scope of the American Doctrine of Constitutional Law,” n. 3, at 152. I have explained elsewhere why the Thayerian argument for judicial deference has little if any power in the context of a system of judicial penultimacy, such as Canada’s. See Perry, Toward a Theory of Human Rights, n. 7, at 105–06. The qualifier “for the United States” is important. Cf. Richard A. Posner, “Review of Jeremy Waldron, Law and Disagreement,” 100 Columbia L.

The politician is vulnerable to losing his office unless he continuously manages to attract votes. 28 What is a “liberal” him to pay attention to what voters want. And this incentive guarantees that, in a democracy, the government will not act in a way that attracts the wrath of an electoral majority – or, if it does, that it won’t keep it up for long. 27 28 (Quoting Joseph A. Shumpeter, Capitalism, Socialism, and Democracy (3d ed. ) According to Koppelman, “[Joseph] Shumpeter is entirely free of .

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