Judicial Power, Democracy, and Legal Positivism
Tom Campbell, Jeffrey Denys Goldsworthy
Ashgate/Dartmouth, Jan 1, 2000 - Law - 435 pages
This collection of essays by a group of leading legal philosophers from the US, the USA and Australasia centres of the juridification of politics through enhancing the entrenched power of judges. The issues are examined in the context of a critique of the revival of legal positivism as a prescriptive political philosophy closely tied to the tradition of parliamentary democracy. The papers originated in an extended workshop held at the Australian National University in 1998 on 'Judicial Activism and Judicial Review in Australian Democracy'. Some of the essays focus on the recent Australian developments with respect to implied constitutional rights and others concentrate on Tom Campbell's legal theory of 'ethical positivism'. The book as a whole presents powerful and conflicting arguments bearing on the global debate about the changing role of judges.
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