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Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
The governmental theory of the atonement (also known as the rectoral theory, or the moral government theory) is a doctrine in Christian theology concerning the meaning and effect of the death of Jesus Christ. It teaches that Christ suffered for humanity so that God could forgive humans without punishing them while still maintaining divine justice.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, [2] the equality of outcome for subgroups in society. [ 3 ] [ 4 ] Liberal democracy emphasizes the separation of powers, an independent judiciary , and a system of checks and balances between branches of government.
A Theory of Justice is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921–2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributive justice (the socially just distribution of goods in a society).
Scott Shapiro's Planning Theory of Law [2] is built upon two concepts: the nature of legal institutions and the nature of legal norms. The thesis of the Planning Theory argues how legal norms function as shared plans that legal institutions implement in order to exercise social control and governance, regardless of the moral merits of those norms and institutions.
In contemporary economic theory, a common good is any good which is rivalrous yet non-excludable, while the common good, by contrast, arises in the subfield of welfare economics and refers to the outcome of a social welfare function. Such a social welfare function, in turn, would be rooted in a moral theory of the good (such as utilitarianism).
Under rational basis review, it is "entirely irrelevant" what end the government is actually seeking and statutes can be based on "rational speculation unsupported by evidence or empirical data". [9] Rather, if the court can merely hypothesize a "legitimate" interest served by the challenged action, it will withstand rational basis review. [ 10 ]