DownloadThe Portobello Bookshop Gift Guide 2024

A Common Law Theory of Judicial Review

The Living Tree

W J Waluchow author

Format:Hardback

Publisher:Cambridge University Press

Published:25th Dec '06

Currently unavailable, currently targeted to be due back around 2nd December 2024, but could change

This hardback is available in another edition too:

A Common Law Theory of Judicial Review cover

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.

Review of the hardback: 'This book will probably come to form part of the canon of constitutional law literature, not only because it provides a sound justification for the existence of judicial review, but also because it gives a compelling orientation as to how it should be exercised.' The Cambridge Law Journal
Review of the hardback: 'A thought provoking contribution to a debate of enormous importance.' Journal of the Commonwealth Lawyers Association

ISBN: 9780521864763

Dimensions: 229mm x 152mm x 21mm

Weight: 533g

296 pages