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Common Law Theory of Judicial Review The Living Tree

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ISBN-10: 0521864763

ISBN-13: 9780521864763

Edition: 2007

Authors: W. J. Waluchow

List price: $118.00
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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.
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Book details

List price: $118.00
Copyright year: 2007
Publisher: Cambridge University Press
Publication date: 12/25/2006
Binding: Hardcover
Pages: 296
Size: 6.50" wide x 9.25" long x 1.00" tall
Weight: 1.188
Language: English

A charter revolution
Constitutionalism
Why charters?
The critic's case
A mixed blessing
Common law constitutionalism