TY  - BOOK
AU  - Waluchow,Wilfrid J.
TI  - A common law theory of judicial review: the living tree 
T2  - Cambridge studies in philosophy and law
SN  - 0521864763 (hardback)
AV  - KE4248 .W35 2007
U1  - 347.71/012 22
PY  - 2007///
CY  - Cambridge, New York
PB  - Cambridge University Press
KW  - Judicial review
KW  - Canada
KW  - Civil rights
KW  - Common law
N1  - Includes bibliographical references (pages [273]-278) and index; Acknowledgements -- A charter revolution -- Constitutionalism -- Why charters? -- The critics' case -- A mixed blessing -- Common law constitutionalism
N2  - 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
UR  - https://portal.knchr.org/Library/My%20eBooks/Common%20law%20theory%20judicial%20review.pdf
ER  -