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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.
Political ethics (also known as political morality or public ethics) is the practice of making moral judgments about political action and political agents. [1] It covers two areas: the ethics of process (or the ethics of office), which covers public officials and their methods, [2] [3] and the ethics of policy (or ethics and public policy), which concerns judgments surrounding policies and laws.
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.
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 ...
The Moral Constitution is a means of understanding the U.S. Constitution which emphasizes a fusion of moral philosophy and constitutional law. The most prominent proponent is Ronald Dworkin , who advances the view in Law's Empire and Freedom's Law: The Moral Reading of the American Constitution .
In private international law, the public policy doctrine or ordre public (French: lit. "public order") concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time.
Matthew Grothouse argued in his work that the Obergefell majority opinion, by upholding the right to same-sex marriage, aligns with extending substantive due process to "important conduct implicit in the concept of ordered liberty." This approach argues for a more expansive view of protected liberties, recognizing that understanding fundamental ...
Ethical idealism, [1] which is also referred to by terms such as moral idealism, [2] [3] principled idealism, [4] and other expressions, is a philosophical framework based on holding onto specifically defined ideals in the context of facing various consequences to holding such principles and/or values.