In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
A Common Law Theory of Judicial Review
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Editorial Reviews
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Review of the hardback: 'This book will probably come to form part of the canon of constitutional law literature, not only because it provides a sound justification for the existence of judicial review, but also because it gives a compelling orientation as to how it should be exercised.' The Cambridge Law Journal
Review of the hardback: 'A thought provoking contribution to a debate of enormous importance.' Journal of the Commonwealth Lawyers Association
Review of the hardback: 'A thought provoking contribution to a debate of enormous importance.' Journal of the Commonwealth Lawyers Association
Book Description
Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable.
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Key Phrases - Statistically Improbable Phrases (SIPs):
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standard conception, living constitution, same sex marriage, charter critics, inclusive legal positivism, inauthentic wishes, fundamental secondary rules, true moral commitments, multiple heads principle, evaluative dissonance, obsessive verbalism, antecedent guidance, radical dissensus, common law methodology, common law conception, constitutional morality, constitutionally limited government, constitutional conception, procedural conception, common law reasoning, majoritarian procedures, moral provisions, unaccountable judges, consensus convention, democratic pedigree Key Phrases - Capitalized Phrases (CAPs): (learn more)
Standard Case, United States, Supreme Court, The Case Against, Bill of Rights, Canadian Charter, Oxford University Press, Harvard University Press, The Concept of Law, Charter of Rights, Ronald Dworkin, New York, Jeremy Waldron, Joseph Raz, Clarendon Press, United Kingdom, Michael Mandel, Freedom's Law, New Zealand, Taking Rights Seriously, Fred Schauer, Cambridge University Press, Attorney General, Further Replies, First Amendment New!
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Front Cover | Table of Contents | First Pages | Index | Surprise Me!
standard conception, living constitution, same sex marriage, charter critics, inclusive legal positivism, inauthentic wishes, fundamental secondary rules, true moral commitments, multiple heads principle, evaluative dissonance, obsessive verbalism, antecedent guidance, radical dissensus, common law methodology, common law conception, constitutional morality, constitutionally limited government, constitutional conception, procedural conception, common law reasoning, majoritarian procedures, moral provisions, unaccountable judges, consensus convention, democratic pedigree Key Phrases - Capitalized Phrases (CAPs): (learn more)
Standard Case, United States, Supreme Court, The Case Against, Bill of Rights, Canadian Charter, Oxford University Press, Harvard University Press, The Concept of Law, Charter of Rights, Ronald Dworkin, New York, Jeremy Waldron, Joseph Raz, Clarendon Press, United Kingdom, Michael Mandel, Freedom's Law, New Zealand, Taking Rights Seriously, Fred Schauer, Cambridge University Press, Attorney General, Further Replies, First Amendment New!
Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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