na INLIS000000000009398 20221109110334 0010-0520009398 221109 | | eng 978-0521762045 eng 347.7312 347.7312 DEN j Den Otter, Ronald C. Judicial Review in an Age of Moral Pluralism / Ronald C. Den Otter Cambridge ; New York : Cambridge University Press, 2009 x, 346 p. ; 24 cm. ; 24 cm. Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions – like freedom of religion, same-sex marriage, affirmative action, and abortion – into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions of moral pluralism. His defense of judicial review is predicated on the imperative of ensuring that the reasons that the state offers on behalf of its most important laws are consistent with the freedom and equality of all persons. Den Otter ties this defense to a theory of constitutional adjudication based on John Rawls’s idea of public reason and argues that a law that is not sufficiently publicly justified is unconstitutional, thus addressing when courts should invalidate laws and when they should uphold them even in the midst of reasonable disagreement about the correct outcome in particular constitutional controversies. Political questions and judicial power --United States. Cultural pluralism - -United States. Public policy (Law) --United States. 22169/MKRI-P/XI-2011 22170/MKRI-P/XI-2011 22170/MKRI-P/XI-2011 22169/MKRI-P/XI-2011 22169/MKRI-P/XI-2011 22170/MKRI-P/XI-2011