A common law theory of judicial review : the living tree / W.J. Waluchow.

By:

Waluchow, Wilfrid J

Material type: Text

TextSeries: Cambridge studies in philosophy and lawPublication details: Cambridge ; New York : Cambridge University Press, 2007.Description: x, 283 pages ; 24 cmContent type:

text

Media type:

unmediated

Carrier type:

volume

ISBN:

0521864763 (hardback)
9780521864763 (hardback)

Subject(s):

DDC classification:

347.71/012 22

LOC classification:

KE4248 .W35 2007
KE4248 .W35 2007

Online resources:

Click here to download

Contents:

Acknowledgements -- A charter revolution -- Constitutionalism -- Why charters? -- The critics' case -- A mixed blessing -- Common law constitutionalism.

Summary: 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.

Tags from this library: No tags from this library for this title. Log in to add tags.

Average rating: 0.0 (0 votes)

Holdings
Item type	Current library	Collection	Call number	URL	Status	Date due	Barcode	Item holds
e-book	KNCHR Library SharePoint	Non-Fiction	KE4248 .W35 2007 (Browse shelf(Opens below))	Link to resource	Available

Total holds: 0

Browsing KNCHR Library shelves, Shelving location: SharePoint, Collection: Non-Fiction Close shelf browser (Hides shelf browser)

Previous	No cover image available							Next
Previous	KD3410.I54 M335 2009 Autonomy, informed consent and medical law	KD4080 .J83 2007 Judicial reasoning under the UK Human Rights Act	KD8406 .A975 2005 Sentencing and criminal justice /	KE4248 .W35 2007 A common law theory of judicial review :	KF382 .T36 2006 Law as a means to an end	KF540 .D89 2006 The relationship rights of children	KF1250.A2 E97 2005 Exploring tort law /	Next

Includes bibliographical references (pages [273]-278) and index.

Acknowledgements -- A charter revolution -- Constitutionalism -- Why charters? -- The critics' case -- A mixed blessing -- Common law constitutionalism.

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.

There are no comments on this title.

to post a comment.