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The Myth of Rights: The Purposes and Limits of Constitutional Rights

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The Myth of Rights: The Purposes and Limits of Constitutional Rights - Bhagwat, Ashutosh
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What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights . The role of constitutional rights in our society is structural. These rights restrain governmental power so as to maintain a balance between citizens and government, and an appropriately limited role for the State. Professor Bhagwat applies a structural approach to analyze many difficult ...

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The Myth of Rights: The Purposes and Limits of Constitutional Rights 2012, Oxford University Press, USA

ISBN-13: 9780199897742

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