A common law theory of judicial review : the living tree / W.J. Waluchow.
2007
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Details
Title
A common law theory of judicial review : the living tree / W.J. Waluchow.
Imprint
Cambridge : Cambridge University Press, 2007.
Description
1 online resource (x, 283 pages) : digital, PDF file(s).
Series
Cambridge studies in philosophy and law.
Formatted Contents Note
Acknowledgements
A charter revolution
Constitutionalism
Why charters?
The critics' case
A mixed blessing
Common law constitutionalism.
A charter revolution
Constitutionalism
Why charters?
The critics' case
A mixed blessing
Common law constitutionalism.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511498893 ebook
9780521864763 (hardback)
9780521122665 (paperback)
9780521864763 (hardback)
9780521122665 (paperback)
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