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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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A Common Law Theory of Judicial Review - The Living Tree (Hardcover)
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A Common Law Theory of Judicial Review - The Living Tree (Hardcover)
Series: Cambridge Studies in Philosophy and Law
Expected to ship within 12 - 17 working days
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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.
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