A Common Law Theory of Judicial Review: The Living Tree. Cambridge Studies in Philosophy and Law.

Author:   Wil Waluchow ,  Gerald J Postema ,  Jules L Coleman ,  Antony Duff
Publisher:   Cambridge University Press
ISBN:  

9786610815692


Pages:   296
Publication Date:   01 January 2007
Format:   Electronic book text
Availability:   Out of stock   Availability explained
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A Common Law Theory of Judicial Review: The Living Tree. Cambridge Studies in Philosophy and Law.


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Overview

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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Author:   Wil Waluchow ,  Gerald J Postema ,  Jules L Coleman ,  Antony Duff
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
ISBN:  

9786610815692


ISBN 10:   6610815690
Pages:   296
Publication Date:   01 January 2007
Audience:   General/trade ,  General
Format:   Electronic book text
Publisher's Status:   Active
Availability:   Out of stock   Availability explained
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

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