Law under a democratic constitution : essays in honour of Jeffrey Goldsworthy / edited by Lisa Burton Crawford, Patrick Emerton and Dale Smith.
2019
K3165.A6 .L39 2019 (Mapit)
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Details
Title
Law under a democratic constitution : essays in honour of Jeffrey Goldsworthy / edited by Lisa Burton Crawford, Patrick Emerton and Dale Smith.
Added Author
Imprint
Oxford, UK : Hart Publishing, 2019.
Description
viii, 315 pages ; 26 cm
Formatted Contents Note
Introduction / Lisa Burton Crawford, Patrick Emerton and Dale Smith
Goldsworthy on interpretation of statutes and constitutions : public meaning, intended meaning and the bogey of aggregation / Larry Alexander
What is statutory purpose? / Dale Smith
Statutory meaning without parliamentary intention : defending the high court's "alternative approach" to statutory interpretation / Patrick Emerton and Lisa Burton Crawford
Goldsworthy on the normative justification for originalism / Lawrence B Solum
Originalism and explanatory power : text, structure and the interpretation of constitutions / Nicholas Aroney
The moral motivations for moderate originalism / Heidi M Hurd
Authenticity, ontology and natural history : some reflections on musical and legal interpretation / Kevin Toh
Populism and parliamentary sovereignty : the Goldsworthy solution / Alison L Young
Democracy, mixed government and judicial review / Richard S Kay
Models of (and myths about) rights protection / Richard Ekins
Political obligation and public law / TRS Allan
Response to contributors / Jeffrey Goldsworthy.
Goldsworthy on interpretation of statutes and constitutions : public meaning, intended meaning and the bogey of aggregation / Larry Alexander
What is statutory purpose? / Dale Smith
Statutory meaning without parliamentary intention : defending the high court's "alternative approach" to statutory interpretation / Patrick Emerton and Lisa Burton Crawford
Goldsworthy on the normative justification for originalism / Lawrence B Solum
Originalism and explanatory power : text, structure and the interpretation of constitutions / Nicholas Aroney
The moral motivations for moderate originalism / Heidi M Hurd
Authenticity, ontology and natural history : some reflections on musical and legal interpretation / Kevin Toh
Populism and parliamentary sovereignty : the Goldsworthy solution / Alison L Young
Democracy, mixed government and judicial review / Richard S Kay
Models of (and myths about) rights protection / Richard Ekins
Political obligation and public law / TRS Allan
Response to contributors / Jeffrey Goldsworthy.
Summary
"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, and 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"-- provided by publisher.
Note
Includes paper presented at "... the workshop commemorating Jeff's retirement, which was held at Monash University in July 2017. This workshop was generously supported by the Australian Research Council, the Centre for Comparative Constitutional Studies at the Melbourne Law School and the Monash University Faculty of Law."-- ECIP introduction.
Bibliography, etc. Note
Includes List of Professor Jeffrey Goldsworthy's publications, bibliographical references and index.
Available in Other Form
Online version: Law under a democratic constitution Oxford, UK ; Portland, Oregon : Hart Publishing, 2019
Call Number
K3165.A6 .L39 2019
Language
English
ISBN
9781509920853 (hardback)
1509920854
1509920854
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