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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.
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1
Common Law Theory of Judicial Review: The Living Tree
2009, Cambridge University Press
in English
052112266X 9780521122665
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2
Common Law Theory of Judicial Review: The Living Tree
2009, Cambridge University Press
in English
0511498896 9780511498893
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3
A Common Law Theory of Judicial Review
2007, Cambridge University Press
eBook
in English
0511271646 9780511271649
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4
Common Law Theory of Judicial Review: The Living Tree
2006, Cambridge University Press
in English
0511273266 9780511273261
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5
Common Law Theory of Judicial Review: The Living Tree
2006, Cambridge University Press
in English
051127405X 9780511274053
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6
A Common Law Theory of Judicial Review: The Living Tree (Cambridge Studies in Philosophy and Law)
December 25, 2006, Cambridge University Press
Hardcover
in English
- 1 edition
0521864763 9780521864763
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