| Description |
1 online resource (x, 283 pages). |
| Physical Medium |
polychrome |
| Description |
text file |
| Series |
Cambridge studies in philosophy and law
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Cambridge studies in philosophy and law.
|
| Bibliography |
Includes bibliographical references (pages 273-278) and index. |
| Contents |
Acknowledgements -- A charter revolution -- Constitutionalism -- Why charters? -- The critics' case -- A mixed blessing -- Common law constitutionalism. |
| Summary |
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. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Judicial review -- Canada.
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Judicial review. |
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Canada. |
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Civil rights -- Canada.
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Civil rights. |
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Common law -- Canada.
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Common law. |
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Judicial review.
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Civil rights.
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Common law.
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| Genre/Form |
Electronic books.
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| Other Form: |
Print version: Waluchow, Wilfrid J. Common law theory of judicial review. Cambridge ; New York : Cambridge University Press, 2007 0521864763 9780521864763 (DLC) 2006002130 (OCoLC)63171122 |
| ISBN |
9780511275500 (electronic book) |
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0511275501 (electronic book) |
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0521864763 (cloth) |
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9780521864763 (cloth) |
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0511274807 (electronic book) |
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9780511274800 (electronic book) |
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051127405X (electronic book) |
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9780511274053 (electronic book) |
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9780511498893 (electronic book) |
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0511498896 (electronic book) |
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