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A Common Law Theory of Judicial Review W. J. Waluchow (McMaster University, Ontario)

A Common Law Theory of Judicial Review By W. J. Waluchow (McMaster University, Ontario)

A Common Law Theory of Judicial Review by W. J. Waluchow (McMaster University, Ontario)


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Summary

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.

A Common Law Theory of Judicial Review Summary

A Common Law Theory of Judicial Review: The Living Tree by W. J. Waluchow (McMaster University, Ontario)

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.

A Common Law Theory of Judicial Review Reviews

Review of the hardback: 'This book will probably come to form part of the canon of constitutional law literature, not only because it provides a sound justification for the existence of judicial review, but also because it gives a compelling orientation as to how it should be exercised.' The Cambridge Law Journal
Review of the hardback: 'A thought provoking contribution to a debate of enormous importance.' Journal of the Commonwealth Lawyers Association

About W. J. Waluchow (McMaster University, Ontario)

W.J. Waluchow is professor of philosophy at McMaster University in Canada. He is the author of Inclusive Legal Positivism, Free Expressions: Essays in Law and Philosophy, and The Dimensions of Ethics: An Introduction to Ethical Theory, among other titles.

Table of Contents

1. A charter revolution; 2. Constitutionalism; 3. Why charters?; 4. The critic's case; 5. A mixed blessing; 6. Common law constitutionalism.

Additional information

NLS9780521122665
9780521122665
052112266X
A Common Law Theory of Judicial Review: The Living Tree by W. J. Waluchow (McMaster University, Ontario)
New
Paperback
Cambridge University Press
2009-11-05
296
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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