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Vol 21 No 11 Nov/Dec 2016

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Constitutional Law

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ISBN13: 9780754620662
ISBN: 0754620662
Published: October 2000
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



This volume of essays explores a number of fundamental constitutional law questions in a variety of historical and jurisdictional contexts. The contributions focus on the role to be played by courts and legal principles in the resolution of major political controversies and on the progressive development of constitutional jurisprudence in countries sharing a broadly common law legal tradition. The guiding theme pervading the collection is an attempt to measure the legitimacy of judicial (in-)activism when courts are faced with difficult political choices on matters such as slavery, internment, racism and voting rights, and radical economic policies, and are also confronted with the requirement to attach concrete meanings to such abstract concepts as the separation of powers and the rule of law.

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Contents:
Part 1 General principles: the rule of law and its virtue, J. Raz; toward neutral principles of constitutional law, H. Wechsler.
Part 2 On slavery: the Dred Scott decision, in the light of contemporary legal doctrines, E. Corwin; ""Somerset"" - Lord Mansfield and the legitimacy of slavery in the Anglo-American world, W. Wiececk.
Part 3 On social and economic rights prior to the Keynesian orthodoxy: liberty of contract, R. Pound; judicial review of social policy in England, H. Laski.
Part 4 On the liberty of the person in time of war: the Japanese American cases - a disaster, E. Rostow; ""Liversidge v Anderson"" in retrospect, R.V.F. Heuston.
Part 5 The South(ern) African crisis of the 1890s and 1950s: constitutionalism in the South African republics, L. Thompson; the entrenched sections of the South Africa act - two great legal battles, D. Cowan.
Part 6 Changing perceptions of the sovereignty of the United Kingdom parliament: the basis of legal sovereignty, W.H.R. Wade; sovereignty of the United Kingdom parliament after factortame, P. Craig.
Part 7 Canada - a via media between British and American principle?: law, convention and prerogative - reflections prompted by the Canadian constitutional case, T.R.S. Allan.
Part 8 Freedom of expression and political accountability: the New York Times case, H. Kalven; engineers is dead, long live the engineers, G. Williams.