Crossing the usual boundaries of abstract legal theory, this book
considers actual charter systems - legal systems with explicitly
posited moral-political rights, such as those of Canada and the
United States - as well as cases in constitutional adjudication. It
shows the worth of careful reflection on methodological and
meta-theoretical issues for a comprehensive account of a
present-day legal system which is fast becoming the norm. The
author explicitly connects the ongoing Methodology Debate within
legal philosophy to constitutional adjudication and Canadian law.
By drawing out the implications of the Methodology Debate and the
challenge of giving a proper account of constitutional adjudication
in a general theory of law, the study examines how a descriptive,
morally and politically neutral legal theory can deal with
epistemic uncertainty - uncertainty about the actual status of
moral-political legal provisions and their jurisprudential function
- in a thoroughgoing manner. It also demonstrates the merits of a
minimalist version of Legal Positivism with regard to the practical
importance of charters in charter systems and societies.
General
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