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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

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A Common Law Theory of Judicial Review: The Living Tree

ISBN13: 9780521122665
Published: November 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2006)
Price: £27.99
Hardback edition , ISBN13 9780521864763

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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.

Constitutional and Administrative Law, Jurisprudence
1. A charter revolution; 2. Constitutionalism; 3. Why charters?; 4. The critic's case; 5. A mixed blessing; 6. Common law constitutionalism.

Series: Cambridge Studies in Philosophy and Law

Punishment, Compensation and Law: A Theory of Enforceability ISBN 9780521174237
Published February 2011
Cambridge University Press
Common Law Theory
Edited by: Douglas Edlin
ISBN 9780521176156
Published January 2011
Cambridge University Press
Automatism, Insanity and the Psychology of Criminal Responsibility ISBN 9780521061339
Published April 2008
Cambridge University Press
Complicity: Ethics and Law for a Collective Age
Christopher KutzUniversity of California, Berkeley
ISBN 9780521039703
Published August 2007
Cambridge University Press
Truth, Error and Criminal Law: An Essay in Legal Epistemology ISBN 9780521730358
Published August 2006
Cambridge University Press
Crimes Against Humanity: A Normative Account ISBN 9780521600514
Published January 2005
Cambridge University Press
The Jurisprudential Foundations of Corporate and Commercial Law ISBN 9780521591577
Published October 2004
Cambridge University Press
Norms in a Wired World
Steven A. HetcherVanderbilt University, Tennessee
ISBN 9780521454360
Published March 2004
Cambridge University Press
Constitutionalism: Philosophical Foundations ISBN 9780521799997
Published July 2003
Cambridge University Press
Consent to Sexual Relations ISBN 9780521536110
Published June 2003
Cambridge University Press
Beyond Comparison - Sex and Discrimination ISBN 9780521534154
Published June 2003
Cambridge University Press
Equality, Responsibility and the Law New ed
Arthur RipsteinUniversity of Toronto
ISBN 9780521003070
Published December 2001
Cambridge University Press
A Theory of Property ISBN 9780521378864
Published June 1990
Cambridge University Press