Looking for an examination copy?
If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact firstname.lastname@example.org providing details of the course you are teaching.
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.Read more
- Clearly written and relatively free of technical jargon
- Covers a broad range of disciplines: law, philosophy, political theory, moral theory, constitutional theory
- Of interest to those concerned with the role of unelected judges in a democracy - particularly the role of supreme courts in shaping policy
Reviews & endorsements
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 JournalSee more reviews
Review of the hardback: 'A thought provoking contribution to a debate of enormous importance.' Journal of the Commonwealth Lawyers Association
Not yet reviewed
Be the first to review
Review was not posted due to profanity×
- Date Published: December 2006
- format: Hardback
- isbn: 9780521864763
- length: 296 pages
- dimensions: 229 x 152 x 21 mm
- weight: 0.61kg
- availability: Available
Table of Contents
1. A charter revolution
3. Why charters?
4. The critic's case
5. A mixed blessing
6. Common law constitutionalism.
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email email@example.comRegister Sign in
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.Continue ×