A Common Law Theory of Judicial Review - The Living Tree (Paperback)

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.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Series:	Cambridge Studies in Philosophy and Law
Release date:	November 2009
First published:	August 2009
Authors:	W.J. Waluchow
Dimensions:	229 x 152 x 23mm (L x W x T)
Format:	Paperback - Trade
Pages:	296
ISBN-13:	978-0-521-12266-5
Categories:	Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General Promotions
LSN:	0-521-12266-X
Barcode:	9780521122665

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