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Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy

Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy

Name: Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy
Brand: Hart Publishing
SKU: 9781509946075
Price: 504.27 HKD
Availability: InStock
Author: Dr. Lisa Burton Crawford; Dr. Patrick Emerton; Dr. Dale Smith
ISBN: 9781509946075

Edited by Dr. Lisa Burton Crawford · Dr. Patrick Emerton · Dr. Dale Smith

Hart Publishing December 2020

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ISBN-13: 9781509946075
Publisher: Hart Publishing
Publication: December 2020
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy's work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States.

1. Introduction

Lisa Burton Crawford, Patrick Emerton and Dale Smith

2. Goldsworthy on Interpretation of Statutes and Constitutions: Public Meaning, Intended Meaning and the Bogey of Aggregation

Larry Alexander

3. What is Statutory Purpose?

Dale Smith

4. Statutory Meaning without Parliamentary Intention: Defending the High Court's 'Alternative Approach' to Statutory Interpretation

Patrick Emerton and Lisa Burton Crawford

5. Goldsworthy on the Normative Justification for Originalism

Lawrence B. Solum

6. Originalism and Explanatory Power: Text, Structure and the Interpretation of Constitutions

Nicholas Aroney

7. The Moral Motivations for Moderate Originalism

Heidi M. Hurd

8. Authenticity, Ontology and Natural History: Some Reflections on Musical and Legal Interpretations

Kevin Toh

9. Populism and Parliamentary Sovereignty: The Goldsworthy Solution

Alison L. Young

10. Democracy, Mixed Government and Judicial Review

Richard S. Kay

11. Models of (and Myths about) Rights Protection

Richard Ekins

12. Political Obligation and Public Law

T.R.S. Allan

13. Response to Contributors

Jeffrey Goldsworthy

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Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy

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Table of Contents

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