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  1. Home
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  3. A Common Law Theory of Judicial Review
  • Cited by 14
Publisher:
Cambridge University Press
Online publication date:
July 2009
Print publication year:
2006
Online ISBN:
9780511498893
DOI:
https://doi.org/10.1017/CBO9780511498893
Subjects:
Law: General Interest, Law, Legal Philosophy, Philosophy
Series:
Cambridge Studies in Philosophy and Law
Information

Book 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.

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.'

Source: The Cambridge Law Journal

Review of the hardback:'A thought provoking contribution to a debate of enormous importance.'

Source: Journal of the Commonwealth Lawyers Association

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