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A Common Law Theory of Judicial Review
Tallenna

A Common Law Theory of Judicial Review

Kirjailija:
pokkari, 2009
englanti
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.
Alaotsikko
The Living Tree
Kirjailija
W. J. Waluchow
ISBN
9780521122665
Kieli
englanti
Paino
450 grammaa
Julkaisupäivä
5.11.2009
Sivumäärä
296