Common Law Theory Judicial Review (Adobe Reader) ebook download W. J. Waluchow

Common Law Theory Judicial Review

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'Äo 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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Title of ebook: Common Law Theory Judicial Review
ISBN: 9780511271649
parent-ISBN: 9780521864763
Publisher: Cambridge University Press
Internet download file size: 4327 kb
Pages: 296
Published: 02-2007
Released online for download: 02-28-2007
Author of eBook: Waluchow,W. J.

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