Constitution, the Courts, and the Quest for Justice (American Enterprise Institute Studies, Vol 491)

Among the purposes for which "we the people . . . [did] ordain and establish this Constitution," according to the Preamble, was the intention "to establish Justice." Although the Constitution nowhere explains just how this is to be done, American political tradition associates the establishment of justice with a strong, independent judiciary.

According to one view, justice is done when the courts observe and enforce the civil and political rights and procedures spelled out in the Constitution-nothing more, nothing less. another contemporary school of thought suggests that the courts must incorporate new notions of right and morality into their rulings, particularly in new circumstances never contemplated by the founders.

What begins as an inquiry into the role of the courts becomes an inquiry into the fundamental principles of the regime. Seven prominent scholars reflect on how the courts should understand and promote justice.