Chapter

Constitutional Stature: Equality and Consent Expectations

Emily M. Calhoun

in Losing Twice

Published in print March 2011 | ISBN: 9780195399745
Published online May 2011 | e-ISBN: 9780199894444 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195399745.003.0003
Constitutional Stature: Equality and Consent Expectations

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In rights disputes, justices who call a loser's constitutional stature into question inflict significant harm. This chapter argues that we would be well advised to think more deeply about the reasonable equality and consent expectations linked to constitutional stature. If we fully understand the traits and capabilities with which each of us, as a citizen, is presumptively endowed, we will be able to articulate reasons for the special outrage we sometimes experience as a constitutional loser. Only then will we be prepared to offer practical suggestions for ensuring that judicial opinions do not inflict double losses on losing stakeholders.

Keywords: constitutional rights; constitutional losers; judicial opinions; constitutional stature; rights disputes

Chapter.  4459 words. 

Subjects: Constitutional and Administrative Law

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