Expounding the Constitution (eBook, PDF)

Essays in Constitutional Theory
Redaktion: Huscroft, Grant

• Format: PDF

Produktbeschreibung

What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 21. April 2008
• Englisch
• ISBN-13: 9780511402203
• Artikelnr.: 38215923

Autorenporträt

Grant Huscroft is Professor and Associate Dean at the University of Western Ontario in London. He was a member of the Faculty of Law at the University of Auckland, New Zealand, from 1992-2002 and has been a visiting professor at McGill University. He has written extensively about constitutional rights and judicial review and his work has been published in Canada, the United States, the UK, New Zealand, and Australia. He co-authored the leading treatise on constitutional rights in New Zealand, The New Zealand Bill of Rights, and has co-edited four collections of essays.

Inhaltsangabe

Part I. Morality and the Enterprise of Interpretation: 1. What does
constitutional interpretation interpret? Steven D. Smith; 2. Do judges
reason morally? Jeremy Waldron; 3. Constitutional morality and bills of
rights W. J. Waluchow; 4. Justification and rights limitations Bradley W.
Miller; Part II. Judicial Review, Legitimacy, and Justification: 5.
Constitutions, judicial review, moral rights, and democracy: disentangling
the issues Larry Alexander; 6. The incoherencies of constitutional
positivism David Dyzenhaus; 7. The travails of Justice Waldron James Allan;
8. Deference rather than defiance: the limits of the judicial role in
constitutional adjudication Aileen Kavanagh; Part III. Unwritten
Constitutional Principles: 9. Constitutional justice and the concept of law
T. R. S. Allan; 10. Written constitutions and unwritten constitutionalism
Mark D. Walters; 11. Unwritten constitutional principles Jeffrey
Goldsworthy.