What does it mean to interpret the constitution? Does
constitutional interpretation involve moral reasoning, or is legal
reasoning something different? What does it mean to say that a
limit on a right is justified? How does judicial review fit into a
democratic constitutional order? Are attempts to limit its scope
incoherent? How should a jurist with misgivings about the
legitimacy of judicial review approach the task of judicial review?
Is there a principled basis for judicial deference? Do
constitutional rights depend on the protection of a written
constitution, or is there a common law constitution that is
enforceable by the courts? How are constitutional rights and
unwritten constitutional principles to be reconciled? In this book,
these and other questions are debated by some of the world's
leading constitutional theorists and legal philosophers. Their
essays are essential reading for anyone concerned with
constitutional rights and legal theory.
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