A common law theory of judicial review : the living tree / W.J. Waluchow.

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 defe...

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Bibliographic Details
Online Access: Full Text (via Cambridge)
Main Author: Waluchow, Wilfrid J.
Format: Electronic eBook
Language:English
Published: Cambridge ; New York : Cambridge University Press, 2007.
Series:Cambridge studies in philosophy and law.
Subjects:
Description
Summary: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.
Physical Description:1 online resource (x, 283 pages)
Bibliography:Includes bibliographical references (pages 273-278) and index.
ISBN:9780511275500
0511275501
0521864763
9780521864763
0511274807
9780511274800
051127405X
9780511274053
9780511498893
0511498896
DOI:10.1017/CBO9780511498893
Source of Description, Etc. Note:Print version record.