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03189aam a2200373 i 4500 001 508C2AE22E0111EFA856D47D28ECA4DB 003 SILO 005 20240619010048 008 231025s2024 nyu b 001 0 eng 010 $a 2023050059 020 $a 0197747418 020 $a 9780197747414 035 $a (OCoLC)1398462756 040 $a DLC $b eng $e rda $c DLC $d OCLCO $d OCLCF $d YDX $d WLL $d SILO 042 $a pcc 043 $a n-us--- 050 00 $a KF4765 $b .R43 2024 100 1 $a Redish, Martin H., $e author. 245 10 $a Due process as American democracy / $c Martin H. Redish. 264 1 $a New York, NY : $b Oxford University Press, $c [2024] 300 $a xxiii, 296 pages ; $c 25 cm. 490 0 $a Oxford theoretical perspectives in law 520 $a "Procedural due process guarantees to individual members of the polity that government will treat each of them with fairness and respect when seeking to take their life, liberty, or property. Although enshrined in the US Constitution's Fifth and Fourteenth Amendments, the scope of those guarantees has long been a source of public and academic debate. Due Process as American Democracy develops an entirely new approach to the procedural due process, grounded in foundational precepts of American political theory. It argues that American political thought comes from an adversarial understanding of democracy, where individuals need to protect their own interests, because no one else can be trusted to do so. This skeptical democracy informs the separation of powers, and operates as the protector of liberal democracy. When applied to procedural due process, adversary democracy dictates a skepticism of both judges and those who seek unilaterally to represent the individuals' interests. The end result is a demand for strong prophylactic protections of judicial neutrality and independence far beyond what is presently required, and imposition of serious restrictions on the ability of courts to appoint others to protect individuals' legally protected interests. The book applies these underlying democratic premises to areas of modern civil procedure and constitutional law, urging dramatic alterations in both"-- $c Provided by publisher. 504 $a Includes bibliographical references and index. 505 0 $a Liberal adversary democracy -- Due process as liberal adversary democracy -- Multidistrict litigation, due process, and the dangers of procedural collectivism -- Procedural due process and the day-in-court ideal : resolving the virtual representation dilemma -- Private contingent fee lawyers, public power, and procedural due process -- Due process, free expression, and the administrative state -- Constitutional remedies as due process of law. 650 0 $a Due process of law $z United States. 650 0 $a Democracy $z United States. 650 6 $a Application reguliere de la loi $z Etats-Unis. 650 7 $a Democracy. $2 fast $0 (OCoLC)fst00890077 650 7 $a Due process of law. $2 fast $0 (OCoLC)fst00899343 651 7 $a United States. $2 fast $0 (OCoLC)fst01204155 941 $a 1 952 $l OVUX522 $d 20240619011316.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=508C2AE22E0111EFA856D47D28ECA4DBInitiate Another SILO Locator Search