Legal Theory in the Crucible of Constitutional Justice: A Study of Judges and Political Morality in Canada, Ireland, and Italy

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Ashgate/Dartmouth, Jan 1, 2000 - Law - 338 pages
Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexual morality) and Italy (religion), this book examines how constitutional judgements rely upon unarticulated political commitments. This interaction between "law" and "morality" allows us to escape the dichotomy of natural law versus positivism in a time when judges increasingly act as moral guardians.

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Contents

Going Back to Basic Norms
23
Intersubjectivism
44
The Politics of Equality
88
Copyright

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