Active Liberty

What role should courts play in a modern democracy? How should fundamental provisions of a democratic constitution be interpreted? These questions have divided constitutional theorists and those responsible for interpreting and applying constitutional law including notoriously the current U.S. Supreme Court.Justice Stephen Breyer argues that the primary role of a democratic constitution is to preserve and encourage ''Active Liberty'': citizen participation in shaping government and its laws. The book argues that promoting active liberty requires judicial modesty and deference to legislative bodies; it also requires the recognition of the changing needs and demands of the populace. Breyer makes a case against treating constitutions as a static guide for a world that has passed into history.