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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy

Edited by: Lisa Burton Crawford, Patrick Emerton, Dale Smith

ISBN13: 9781509920853
Published: May 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

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Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy's work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation.

In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy, and addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States.

Constitutional and Administrative Law
1. Introduction
Lisa Burton Crawford, Patrick Emerton and Dale Smith
2. Goldsworthy on Interpretation of Statutes and Constitutions: Public Meaning, Intended Meaning and the Bogey of Aggregation
Larry Alexander
3. What is Statutory Purpose?
Dale Smith
4. Statutory Meaning without Parliamentary Intention: Defending the High Court’s ‘Alternative Approach’ to Statutory Interpretation
Patrick Emerton and Lisa Burton Crawford
5. Goldsworthy on the Normative Justification for Originalism
Lawrence B Solum
6. Originalism and Explanatory Power: Text, Structure and the Interpretation of Constitutions
Nicholas Aroney
7. The Moral Motivations for Moderate Originalism
Heidi M Hurd
8. Authenticity, Ontology and Natural History: Some Reflections on Musical and Legal Interpretations
Kevin Toh
9. Populism and Parliamentary Sovereignty: The Goldsworthy Solution
Alison L Young
10. Democracy, Mixed Government and Judicial Review
Richard S Kay
11. Models of (and Myths about) Rights Protection
Richard Ekins
12. Political Obligation and Public Law
TRS Allan
13. Response to Contributors
Jeffrey Goldsworthy