A Common Law Theory of Judicial Review: The Living Tree
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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
Belmont Blackwell Guide Blackwell Publishers Boston University Law Brodie eds Butterworth’s Calif Cambridge University Press Canada Charter of Rights Christiano Clarendon Press Common Law Concept of Law Conn Constitutional Interpretation Constitutionalism and Democracy Descartes Dworkin Eisenberger Elster Essays in Jurisprudence Ethical Theory Feinberg Group Rights Guide to Ethical Hall Law Journal Hart Publishing Hart’s Harvard University Press Haven Huscroft Joel John Journal of Legal Judicial Review Judith Baker Jules Coleman eds Jurisprudence and Philosophy LaFollette Law and Disagreement Law and Morality Law and Philosophy Law Review 71 Law’s Legal Positivism Legal Studies Legal Theory Legitimacy Living Constitution Markham Mass Ontario Osgoode Hall Law Oxford Essays Oxford University Press Paternalism Pennock Peter Laslett Philosophy and Public Philosophy of Law Political Public Affairs second edition Shapiro eds Simpson sity Press sixth edition Slagstad eds Thomas Toronto Press Univer University Law Review University of Toronto Wadsworth Waldron Yale University Press York University