大葉大學圖書館 |

Expounding the constitution :essays in constitutional theory /

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
杜威分類號:	347/.012
書名/作者:	Expounding the constitution : : essays in constitutional theory // edited by Grant Huscroft.
其他作者:	Huscroft, Grant,
面頁冊數:	1 online resource (ix, 319 pages) : : digital, PDF file(s).
附註:	Title from publisher's bibliographic system (viewed on 05 Oct 2015).
標題:	Judicial review.
標題:	Constitutional law.
ISBN:	9780511511042 (ebook)
內容註:	What does constitutional interpretation interpret? / Steven D. Smith -- Do judges reason morally? / Jeremy Waldron -- Constitutional morality and bills of rights / W.J. Waluchow -- Justification and rights limitations / Bradley W. Miller -- Constitutions, judicial review, moral rights, and democracy : disentangling the issues / Larry Alexander -- The incoherencies of constitutional positivism / David Dyzenhaus -- The travails of Justice Waldron / James Allan -- Deference or defiance? : the limits of the judicial role in constitutional adjudication / Aileen Kavanagh -- Constitutional justice and the concept of law / T.R.S. Allan -- Written constitutions and unwritten constitutionalism / Mark D. Walters -- Unwritten constitutional principles / Jeffrey Goldsworthy.
摘要、提要註:	What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
電子資源:	http://dx.doi.org/10.1017/CBO9780511511042

Expounding the constitution :essays in constitutional theory /
Expounding the constitution :essays in constitutional theory /edited by Grant Huscroft. - 1 online resource (ix, 319 pages) :digital, PDF file(s).

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

What does constitutional interpretation interpret? / Steven D. Smith -- Do judges reason morally? / Jeremy Waldron -- Constitutional morality and bills of rights / W.J. Waluchow -- Justification and rights limitations / Bradley W. Miller -- Constitutions, judicial review, moral rights, and democracy : disentangling the issues / Larry Alexander -- The incoherencies of constitutional positivism / David Dyzenhaus -- The travails of Justice Waldron / James Allan -- Deference or defiance? : the limits of the judicial role in constitutional adjudication / Aileen Kavanagh -- Constitutional justice and the concept of law / T.R.S. Allan -- Written constitutions and unwritten constitutionalism / Mark D. Walters -- Unwritten constitutional principles / Jeffrey Goldsworthy.

What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.

ISBN: 9780511511042 (ebook)Subjects--Topical Terms:

393253
Judicial review.

LC Class. No.: K3175 / .E967 2008

Dewey Class. No.: 347/.012

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