A Common Law Theory of Judicial Review: The Living Tree (Cambridge Studies in Philosophy and Law)
📄 Viewing lite version
Full site ›
Book Details
Author(s)W. J. Waluchow
PublisherCambridge University Press
ISBN / ASIN052112266X
ISBN-139780521122665
AvailabilityUsually ships in 24 hours
Sales Rank4,320,081
CategoryPhilosophy
MarketplaceUnited States 🇺🇸
Description ▲
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.
More Books in Philosophy
Synergetics: Explorations in the Geometry of Thinking
View
Maps of the Mind: Charts and Concepts of the Mind and …
View
Synergetics 2: Explorations in the Geometry of Thinking
View
The New Organon and Related Writings (Library of Liber…
View
Philosophical Writings: Descartes
View
Introduction to Logic: Study Guide
View
Foundations of the Metaphysics of Morals
View
Hesiod: Theogony
View
Good and Evil
View