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Democracy and the “Republican Revival” in Administrative Law
| Content Provider | Scilit |
|---|---|
| Copyright Year | 2015 |
| Description | Joshua DeShaney was five years old when he was beaten so severely by his father that he suffered severe and permanent brain injury. His mother, who was divorced from Joshua's father and did not have custody of the boy, sued the government of Winnebago County, Wisconsin. The lawsuit alleged that the county government and its employees had failed to provide Joshua with adequate protective services, a failure that constituted a violation of Joshua's constitutional right to due process of law. The case went to the U.S. Supreme Court. Chief Justice Rehnquist, writing for the majority, made the following statement:The facts of the case showed a persistent pattern of suspicious injuries to the child, but the county Department of Social Services never removed the child from the custody of his father. Chief Justice Rehnquist expressed sympathy; however, he made a classic statement about the purpose of constitutional limits in a liberal democratic society: The Constitution exists to constrain the excesses of government and to provide individual citizens freedom from the arbitrary and capricious conduct by government employees. Individual autonomy is so important in a liberal democratic society that citizens fear federal or state government coercion. Liberal democracy also discouragesthe local community as a political entity from stepping in to protect its vulnerable members. Book Name: Democracy and Public Administration |
| Related Links | https://api.taylorfrancis.com/content/chapters/edit/download?identifierName=doi&identifierValue=10.4324/9781315705224-12&type=chapterpdf |
| Ending Page | 142 |
| Page Count | 12 |
| Starting Page | 131 |
| DOI | 10.4324/9781315705224-12 |
| Language | English |
| Publisher | Informa UK Limited |
| Publisher Date | 2015-03-12 |
| Access Restriction | Open |
| Subject Keyword | Book Name: Democracy and Public Administration Cultural Studies Joshua Democratic Justice Society Rehnquist Statement Citizens |
| Content Type | Text |
| Resource Type | Chapter |
