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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.
A court may look at the justice system of another country, and disregarding "finicky" requirements of fundamental justice in Canada, may consider some potential punishments in other countries to be so outrageous that a person should not be put at risk by the extraditing government.
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.
Bentham was the first major philosopher to develop and defend a utilitarian theory of ethics. Like John Stuart Mill, whom he greatly influenced, Bentham believed that happiness or pleasure is the only thing that is good for its own sake.
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 ...
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.
Principlism is an applied ethics approach to the examination of moral dilemmas centering the application of certain ethical principles. This approach to ethical decision-making has been prevalently adopted in various professional fields, largely because it sidesteps complex debates in moral philosophy at the theoretical level.