学术报告：裁判以权利为基础的宪法诉求

主题：裁判以权利为基础的宪法诉求

报告人：Michael John Perry （美国Emory University法学院宪法学教授）

嘉宾：王书成（香港城市大学法学院宪法学教授）

时间：2013年12月6日（星期五）下午2:00

地点：法学院B9北座104教室

讲座简介：

Title: "Adjudicating Rights-Based Constitutional Claims".

Abstract: In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality—which we may call “the morality of human rights”. What are the implications of that morality for this question, which is one of the most fundamental questions in American constitutional theory: Should the Supreme Court of the United States exercise the power of judicial review aggressively or deferentially? By the power of judicial review, I mean the power to prevent lawmakers and other government officials from doing something they want to do, on the ground that their doing it is unconstitutional—contrary to the constitutional law of the United States—and also the power to require lawmakers and other government officials to do something they want not to do, on the ground that their not doing it is unconstitutional.

嘉宾简介：

Michael John Perry specializes in three areas: Constitutional Law; Human Rights; and Law and Religion. He is the author of twelve books and over seventy-five articles and essays. The titles of Perry’s books reflect his particular interests: The Constitution, the Courts, and Human Rights (Yale, 1982); Morality, Politics, and Law (Oxford, 1988); Love and Power: The Role of Religion and Morality in American Politics (Oxford, 1991); The Constitution in the Courts: Law or Politics? (Oxford, 1994); Religion in Politics: Constitutional and Moral Perspectives (Oxford, 1997); The Idea of Human Rights: Four Inquiries (Oxford, 1998); We the People: The Fourteenth Amendment and the Supreme Court(Oxford, 1999), Under God? Religious Faith and Liberal Democracy (Cambridge, 2003), Toward a Theory of Human Rights: Religion, Law, Courts (Cambridge, 2007); Constitutional Rights, Moral Controversy, and the Supreme Court (Cambridge, 2009); The Political Morality of Liberal Democracy (Cambridge, 2010); and the forthcoming Human Rights in the Constitutional Law of the United States (Cambridge, 2013).

Since 2003, Perry has held a Robert W. Woodruff University Chair at Emory University, where he teaches in the law school. A Woodruff Chair is the highest honor Emory University bestows on a member of its faculty. Perry is also a Senior Fellow at Emory University’s Center for the Study of Law and Religion.

Before coming to Emory, Perry was the inaugural occupant of the Howard J.Trienens Chair in Law at Northwestern University (1990-97), where he taught for fifteen years (1982-97). He then held the University Distinguished Chair in Law at Wake Forest University (1997-2003). Perry began his teaching career at the Ohio State University College of Law (1975-82) and has taught as a visiting professor at several law schools: Yale (1978-79), Tulane (spring semester, 1987), New York Law School (spring semester, 1990), the University of Tokyo (fall semester, 1991), the University of Alabama (fall semester, 2005), the University of Western Ontario, Canada (January Term, 2009), and the University of Dayton (intrasession course, March 2011). For three consecutive fall semesters (2009, 2010, 2011), Perry was the University Distinguished Visiting Professor in Law and Peace Studies at the University of San Diego, where he taught an introductory course on international human rights both to law students and to graduate students at the Joan B. Kroc School of Peace Studies.

Perry, who was born and raised in Louisville, Kentucky, received his A.B. from Georgetown University (1968) and his J.D. from Columbia University (1973). He served as law clerk, in 1973-74, to U.S. District Judge Jack B. Weinstein and, in 1974-75, to U.S. Circuit Judge Shirley M. Hufstedler (1974-75). In 1999, Perry was awarded an LL.D. (honoris causa) by St. John’s University, Collegeville, Minnesota.

Perry is married to Sarah Anne O’Leary, a public health specialist with the U.S. Centers for Disease Control in Atlanta. They have two sons: Daniel (b. 1989) and Gabriel (b. 1991).