论文部分内容阅读
观察2014年美国宪法学发展的重要途径是研习联邦最高法院作出的重要判决,以及学术界关注和讨论的重点。联邦最高法院在2013~2014年庭期审理的案件主要涉及宗教信仰、堕胎、政治献金、死刑、犯罪嫌疑人权利保护和教育领域的平权措施等议题。法院的判决意见围绕宪法言论自由、搜查和扣押、禁止残忍和异常刑罚、平等保护和正当程序等条款展开。尽管美国政治、社会和文化环境不断经历变化,但这些极具争议的问题持续呈现在最高法院面前等待解决,可能只是其争议的外在表现形式发生了变化。而
An important way to observe the development of constitutional law in the United States in 2014 is to study the important judgments made by the Supreme Court of the United States, as well as the academic focus and discussion. The federal Supreme Court tried cases during 2013 to 2014 mainly in the areas of religious beliefs, abortion, political contributions, death penalty, protection of the rights of suspects and affirmative action measures in education. Court judgments around the freedom of expression of the Constitution, search and seizure, prohibition of cruel and unusual punishments, equal protection and due process and other terms. Despite the continuing changes in the political, social and cultural environment in the United States, these highly controversial issues continue to be awaited in the presence of the Supreme Court, possibly just as the external manifestations of their controversy have changed. and