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This chapter argues that moral disagreements can sometimes figure in constitutional adjudication, but that courts cannot take moral judgments as facts to justify reaching decisions about restrictions on fundamental rights, neither can they draw legal consequences from the facts alone.

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Constitutional Facts and Morality

  • 章节

  • 发表日期：

    2026年

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  • Luiz Guilherme Marinoni

摘要

This chapter argues that moral disagreements can sometimes figure in constitutional adjudication, but that courts cannot take moral judgments as facts to justify reaching decisions about restrictions on fundamental rights, neither can they draw legal consequences from the facts alone.