Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Judges and Unjust Laws: Common Law Constitutionalism and the Foundations of Judicial Review

Image not available lge

ISBN13: 9780472034154
To be Published: February 2010
Publisher: University of Michigan Press
Country of Publication: USA
Format: Paperback (Hardback in 2009)
Price: £24.50
Hardback edition , ISBN13 9780472116621

Judges have a legal obligation to overrule unjust laws. Should a judge enforce the dictates of the law or obey the promptings of his own sense of justice?In "Judges and Unjust Laws", Douglas E. Edlin uses legal theory, constitutional history, and political philosophy in a search for the limits of the power of judicial review. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority - perhaps even the obligation - to refuse to enforce laws that they determine unjust. Indeed, Edlin argues, an independent judiciary can contribute to justice in a modern democracy.