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A Common Law Theory of Judicial Review

Administrative / Constitutional Law

A Common Law Theory of Judicial Review The Living Tree

Name: A Common Law Theory of Judicial Review
Brand: Cambridge University Press
SKU: 9780521122665
Price: 479.05 HKD
Availability: OutOfStock
Author: W. J. Waluchow
ISBN: 9780521122665

By W. J. Waluchow

Cambridge University Press November 2009

Specifications

ISBN-13: 9780521122665
Publisher: Cambridge University Press
Publication: November 2009
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

Contents:: 1. A charter revolution;
2. Constitutionalism;
3. Why charters?;
4. The critic's case;
5. A mixed blessing;
6. Common law constitutionalism.