Expounding the Constitution: Essays in Constitutional Theory

Cambridge University Press (2008)
  Copy   BIBTEX

Abstract

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.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,369

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Idea of a Living Constitution.Dr Aileen Kavanagh - 2003 - Canadian Journal of Law and Jurisprudence 16 (1):55-89.
Autonomous Constitutional Interpretation.Tomasz Stawecki - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):505-535.
A Theory of Constitutional Rights.Robert Alexy - 2002 - Oxford University Press UK.
A Theory of Constitutional Rights.Julian Rivers (ed.) - 2002 - Oxford University Press.
The Problems of Correction of the Official Constitutional Doctrine.Egidijus Jarašiūnas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):39-70.
Freedom and Permission The Constitutional Concepts of the Freedom of the Individual.Andras Bragyova - 2005 - Archiv für Rechts- Und Sozialphilosophie 91 (3):379-408.
What are constitutions, and what should (and can) they do?Larry Alexander - 2011 - Social Philosophy and Policy 28 (1):1-24.

Analytics

Added to PP
2016-07-09

Downloads
4 (#1,629,422)

6 months
3 (#984,212)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Constitutionalism.Wil Waluchow - 2008 - Stanford Encyclopedia of Philosophy.

Add more citations

References found in this work

No references found.

Add more references