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Stephen G. Breyer

    Stephen Breyer is known for his pragmatic approach to constitutional law. He believes the judiciary should seek to resolve issues in ways that best encourage active public participation in governmental decisions. His work focuses on administrative law, and his legal theories were systematically laid out in his book Active Liberty.

    Administrative Law and Regulatory Policy
    Making Our Democracy Work
    • Making Our Democracy Work

      A Judge's View

      • 270 pages
      • 10 hours of reading

      The Supreme Court plays a crucial role in interpreting the Constitution, wielding the power to invalidate laws passed by elected officials. This raises important questions about public acceptance of the Court's decisions, especially when they are unpopular. Justice Stephen Breyer explores these issues, emphasizing that public confidence in the Court is not guaranteed. He highlights historical instances where the Court's rulings were disregarded, using cases involving the Cherokee Indians, slavery, and Brown v. Board of Education to illustrate the Court's journey toward legitimacy. Breyer argues for a pragmatic approach to constitutional interpretation, one that adapts enduring values to contemporary circumstances, rather than strictly adhering to the text or the framers' 18th-century perspectives. He stresses the importance of the Court respecting the roles of other governmental entities—such as the president, Congress, and states—and fostering cooperative relationships with them. Additionally, Breyer contrasts recent decisions regarding Guantánamo Bay detainees with the internment of Japanese-Americans during World War II, demonstrating how the Court can uphold constitutional principles while promoting effective governance. This work combines historical insight with philosophical inquiry, presenting a fresh perspective on constitutional interpretation that will resonate with judges, lawyers, and scholars for years to come,

      Making Our Democracy Work2010
    • Help your students master the principles of administrative law in an era of change with this renowned casebook, "Administrative Law and Regulatory Policy": Problems, Text, and Cases, Fourth Edition. The book correlates issues of regulatory policy with doctrinal problems to explore the relationship between administrative government and democratic goals. Their extensively revised casebook now offers more explanatory materials, more concise text, many new cases, and reorganized material for greater accessibility. New co-authors Cass Sunstein and Matthew Spitzer join administrative law authorities Stephen Breyer and Richard Stewart to offer a matchless view of administrative law, including: -- how agencies promote -- or compromise -- political legitimacy -- how different understandings of democracy bear on evaluation of administrative government -- the multiple purposes of administrative agencies

      Administrative Law and Regulatory Policy1998