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A Common Law Theory of Judical Review. The Living Tree

Additional information: 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 and critics deem impossible and undesirable. Drawing on reflections about the nature of law,consitutions,the common law,and what it is to be a democratic representative,Waluchow urges a different theory of bills of rights according to which they are flexible and adaptable.Adopting such a theory enables one not only to answer 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 the constitutional democracy.

Classmarks: 4867

Subjects: Common law-Canada 

ISBN: 0-521-86476-3

Description: 283 p.

Publication date: 2007

Publisher: New York: Cambridge University Press

Order number: 0014