Expounding the constitution : essays in constitutional theory / edited by Grant Huscroft.

Format:

Book

Contributor:

Huscroft, Grant, editor.

Language:

English

Subjects (All):

Judicial review.

Constitutional law.

Physical Description:

1 online resource (ix, 319 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2008.

Language Note:

English

Summary:

What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.

Contents:

What does constitutional interpretation interpret? / Steven D. Smith

Do judges reason morally? / Jeremy Waldron

Constitutional morality and bills of rights / W.J. Waluchow

Justification and rights limitations / Bradley W. Miller

Constitutions, judicial review, moral rights, and democracy : disentangling the issues / Larry Alexander

The incoherencies of constitutional positivism / David Dyzenhaus

The travails of Justice Waldron / James Allan

Deference or defiance? : the limits of the judicial role in constitutional adjudication / Aileen Kavanagh

Constitutional justice and the concept of law / T.R.S. Allan

Written constitutions and unwritten constitutionalism / Mark D. Walters

Unwritten constitutional principles / Jeffrey Goldsworthy.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-18704-4

1-281-38340-6

9786611383404

0-511-39760-7

0-511-51104-3

0-511-39835-2

0-511-39919-7

0-511-39610-4

0-511-39683-X

OCLC:

437209198