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

Format:

Book

Author/Creator:

Waluchow, Wilfrid J., author.

Series:

Cambridge studies in philosophy and law.

Cambridge studies in philosophy and law

Language:

English

Subjects (All):

Judicial review--Canada.

Judicial review.

Civil rights--Canada.

Civil rights.

Common law--Canada.

Common law.

Physical Description:

1 online resource (x, 283 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2007.

Language Note:

English

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.

Contents:

Acknowledgements

A charter revolution

Constitutionalism

Why charters?

The critics' case

A mixed blessing

Common law constitutionalism.

Notes:

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

Includes bibliographical references (p. [273]-278) and index.

ISBN:

1-107-16960-7

1-280-81569-8

0-511-27480-7

0-511-27550-1

0-511-27326-6

0-511-32101-5

0-511-49889-6

0-511-27405-X

OCLC:

437176946