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A Common Law Theory of Judicial Review

W. J. Waluchow

2006 · EN

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.

Editions · 5

Paperback
2006 · Cambridge University Press
EN
9780511273261
Hardback
2006 · Cambridge University Press
296 pp · EN
9780521864763
Ebook
2007 · Cambridge University Press
EN
9780511271649
Paperback
2009 · Cambridge University Press
296 pp · EN
9780521122665
Paperback
2009 · Cambridge University Press
EN
9780511498893

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