Law under a Democratic Constitution : Essays in Honour of Jeffrey Goldsworthy / edited by Lisa Burton Crawford, Patrick Emerton, and Dale Smith.

Format:

Book

Contributor:

Crawford, Lisa Burton, editor.

Emerton, Patrick, editor.

Goldsworthy, Jeffrey Denys, honouree, contributor.

Smith, Dale, 1973- editor.

Series:

Law.

Law

Language:

English

Subjects (All):

Goldsworthy, Jeffrey Denys--Congresses.

Goldsworthy, Jeffrey Denys.

Constitutional law--Congresses.

Constitutional law.

Constitutional law--Australia--Congresses.

Law--Interpretation and construction--Congresses.

Law.

Physical Description:

1 online resource (332 pages).

Edition:

First edition.

Place of Publication:

Oxford, UK ; Portland, Oregon : Hart Publishing, 2019.

Summary:

"Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy's work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States."--Bloomsbury Publishing.

Contents:

1. Introduction

Lisa Burton Crawford, Patrick Emerton and Dale Smith

2. Goldsworthy on Interpretation of Statutes and Constitutions: Public Meaning, Intended Meaning and the Bogey of Aggregation

Larry Alexander

3. What is Statutory Purpose?

Dale Smith

4. Statutory Meaning without Parliamentary Intention: Defending the High Court's 'Alternative Approach' to Statutory Interpretation

Patrick Emerton and Lisa Burton Crawford

5. Goldsworthy on the Normative Justification for Originalism

Lawrence B Solum

6. Originalism and Explanatory Power: Text, Structure and the Interpretation of Constitutions

Nicholas Aroney

7. The Moral Motivations for Moderate Originalism

Heidi M Hurd

8. Authenticity, Ontology and Natural History: Some Reflections on Musical and Legal Interpretations

Kevin Toh

9. Populism and Parliamentary Sovereignty: The Goldsworthy Solution

Alison L Young

10. Democracy, Mixed Government and Judicial Review

Richard S Kay

11. Models of (and Myths about) Rights Protection

Richard Ekins

12. Political Obligation and Public Law

TRS Allan

13. Response to Contributors

Jeffrey Goldsworthy.

Notes:

Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily.

Includes bibliographical references and index.

ISBN:

9781509920884

1509920889

9781509920877

1509920870

9781509920860

1509920862

OCLC:

1079413269