"This title was first published in 2000: This volume of essays explores a number of fundamental constitutional law questions in a variety of historical and jurisdictional contexts. The contributions focus on the role to be played by courts and legal principles in the resolution of major political controversies and on the progressive development of constitutional jurisprudence in countries sharing a broadly common law legal tradition. The guiding theme pervading the collection is an attempt to measure the legitimacy of judicial (in-)activism when courts are faced with difficult political choices on matters such as slavery, internment, racism and voting rights and radical economic policies and are also confronted with the requirement to attach concrete meanings to such abstract concepts as the separation of powers and the rule of law."--Provided by publisher.
Formatted Contents Note
part, I General Principles / Ian D. Loveland chapter Introduction / Ian D. Loveland chapter 1 The Rule of Law and Its Virtue * / Ian D. Loveland chapter 2 Harvard Law Review Toward Neutral Principles of Constitutional Law † / Herbert Wechsler part, II On Slavery chapter 3 The Dred Scott Decision, in the Light of Contemporary Legal Doctrines 1 chapter 4 Somerset: Lord Mansfield and the Legitimacy of Slavery in the Anglo-American World * / William M. Wiecekt part, III On Social and Economic Rights Prior to the Keynesian Orthodoxy / Ian D. Loveland chapter 5 Yale Law Journal Liberty of Contract / Ian D. Loveland chapter 6 Harvard Law Review Judicial Review of Social Policy in England / Ian D. Loveland part, IV On the Liberty of the Person in Time of War / Ian D. Loveland chapter 7 The Yale Law Journal The Japanese American Cases-A Disaster / Eugene V. Rostow chapter 8 Liversidge v. Anderson in Retrospect * / Ian D. Loveland part, V The South(em) African Crisis of the 1890s and 1950s / Ian D. Loveland chapter 9 Constitutionalism in the South African Republics / Ian D. Loveland chapter 10 The Entrenched Sections of the South Africa Act Two Great Legal Battles / Ian D. Loveland part, VI Changing Perceptions of the Sovereignty of the United Kingdom / Ian D. Loveland chapter 11 The Basis of Legal Sovereignty / H. W. R. Wade chapter 12 Sovereignty of the United Kingdom Parliament after Factortame * / P. P. Craig part, VII Canada: A Via Media between British and American Principle? / Ian D. Loveland chapter 13 Law, Convention, Prerogative: Reflections Prompted by the Canadian Constitutional Case / T. R. S. Allan part, VIII Freedom of Expression and Political Accountability / Ian D. Loveland chapter 14 The New York Times Case: A Note On "The Central Meaning of the First Amendment" / Kalven Harry chapter 15 Engineers is Dead, Long Live the Engineers! / George Williams\n *.