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A Common Law Theory of Judicial Review The Living Tree 1st Edition by W J Waluchow ISBN 0511275501 9780521864763

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A Common Law Theory of Judicial Review The Living Tree 1st Edition W. J. Waluchow Digital Instant Download

Author(s): W. J. Waluchow
ISBN(s): 9780521864763, 0511275501
Edition: 1
File Details: PDF, 1.80 MB
Year: 2006
Language: english
SKU: EB-1295474 Category: Tag:

A Common Law Theory of Judicial Review The Living Tree 1st Edition by W J Waluchow – Ebook PDF Instant Download/Delivery: 0511275501, 9780521864763
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ISBN 10: 0511275501 
ISBN 13: 9780521864763
Author: W J Waluchow

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.

A Common Law Theory of Judicial Review The Living Tree 1st Table of contents:

1. A Charter Revolution
Explores the inception of constitutional bills of rights, focusing on the Canadian Charter of Rights and Freedoms, and sets the stage for the discussion on judicial review. 

2. Constitutionalism
Delves into the nature of constitutional democracy, the concept of constitutional limitation, and the debate between fixed and flexible constitutional interpretations. 

3. Why Charters?
Examines the rationale behind adopting charters of rights, discussing representation, democracy, and the analogy of judicial review as patient advocacy. 

4. The Critics’ Case
Presents and critiques arguments against judicial review, addressing concerns about democratic legitimacy and judicial overreach.

5. A Mixed Blessing
Analyzes the complexities of judicial review, considering both its potential benefits and the challenges it poses to democratic principles.

6. Common Law Constitutionalism
Proposes a common law approach to constitutional interpretation, emphasizing flexibility and adaptability in judicial review. 

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Tags: W J Waluchow, Common, Theory