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Expounding the Constitution : Essays in Constitutional Theory - Grant Huscroft

Expounding the Constitution

Essays in Constitutional Theory

By: Grant Huscroft (Editor)

Paperback Published: 11th August 2011
ISBN: 9780521173346
Number Of Pages: 332

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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."

"...An eclectic array of writing with transnational panache....Huscroft has done a fine job of collecting interesting essays. The book presents a politically and philosophically balanced view of constitutional theory....The essays are fairly accessible....Huscroft's introduction helps weave the patchwork of essays together....Altogether, the book is a good read, and is recommended for those interested in constitutional theory and interpretation, judicial review, and legal philosophy." --Adam Shajnfeld (J.D., Columbia), The Law and Politics Book Review

Morality and the Enterprise of Interpretation
What does constitutional interpretation interpret?
Do judges reason morally?
Constitutional morality and bills of rights
Justification and rights limitations
Judicial Review, Legitimacy, and Justification
Constitutions, judicial review, moral rights, and democracy: disentangling the issues
The incoherencies of constitutional positivism
The travails of Justice Waldron
Deference rather than defiance: the limits of the judicial role in constitutional adjudication
Unwritten Constitutional Principles
Constitutional justice and the concept of law
Written constitutions and unwritten constitutionalism
Unwritten constitutional principles
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521173346
ISBN-10: 0521173345
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 332
Published: 11th August 2011
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.9 x 15.2  x 1.9
Weight (kg): 0.49