What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Expounding the Constitution
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Editorial Reviews
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"...An eclectic array of writing with transnational panache....Huscroft has done a fine job of collecting interesting essays. The book presents a politically and philosophically balanced view of constitutional theory....The essays are fairly accessible....Huscroft's introduction helps weave the patchwork of essays together....Altogether, the book is a good read, and is recommended for those interested in constitutional theory and interpretation, judicial review, and legal philosophy."
--Adam Shajnfeld (J.D., Columbia), The Law and Politics Book Review
--Adam Shajnfeld (J.D., Columbia), The Law and Politics Book Review
Book Description
This book addresses key issues in contemporary constitutional theory, including the nature of interpretation of bills of rights and the legitimacy and justification of judicial review. It brings together leading theorists and will be of interest to scholars and jurists from around the world, particularly in the United States, Canada, the UK, Australia, and New Zealand.
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Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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unwritten constitutional principles, charter era, foreign law, statutory interpretation, international meaning, legislative override, harm principle, chief electoral officer, charter myths, inclusive legal positivism, real moral rights, unwritten constitutionalism, true moral commitments, constitutional positivists, strong form judicial review, conceptual positivism, political positivists, common law constitutionalism, unwritten constitutional law, constitutional morality, political positivism, fundamental common law principles, superior democratic legitimacy, minimal deference, adjudicative structure Key Phrases - Capitalized Phrases (CAPs): (learn more)
Ronald Dworkin, Jeremy Waldron, David Dyzenhaus, Jeffrey Goldsworthy, Supreme Court, Attorney General, United Kingdom, United States, Aileen Kavanagh, Secretary of State, Law's Empire, New Zealand, The Incoherence of Constitutional Positivism, Larry Alexander, House of Lords, The Core of the Case, Joseph Raz, John Rawls, Human Rights Act, James Allan, Freedom's Law, Lord Bingham, British Columbia, The Sovereignty of Parliament, Taking Rights Seriously Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
unwritten constitutional principles, charter era, foreign law, statutory interpretation, international meaning, legislative override, harm principle, chief electoral officer, charter myths, inclusive legal positivism, real moral rights, unwritten constitutionalism, true moral commitments, constitutional positivists, strong form judicial review, conceptual positivism, political positivists, common law constitutionalism, unwritten constitutional law, constitutional morality, political positivism, fundamental common law principles, superior democratic legitimacy, minimal deference, adjudicative structure Key Phrases - Capitalized Phrases (CAPs): (learn more)
Ronald Dworkin, Jeremy Waldron, David Dyzenhaus, Jeffrey Goldsworthy, Supreme Court, Attorney General, United Kingdom, United States, Aileen Kavanagh, Secretary of State, Law's Empire, New Zealand, The Incoherence of Constitutional Positivism, Larry Alexander, House of Lords, The Core of the Case, Joseph Raz, John Rawls, Human Rights Act, James Allan, Freedom's Law, Lord Bingham, British Columbia, The Sovereignty of Parliament, Taking Rights Seriously Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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