Expounding the Constitution: Essays in Constitutional Theory - Hardcover

Hardcover

ISBN 10: 0521887410 ISBN 13: 9780521887410

Publisher: Cambridge University Press, 2008

Synopsis

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.

About this title

Book Description

This book addresses key issues in contemporary constitutional theory, including the nature of interpretation of bills of rights and the legitimacy and justification of judicial review. It brings together leading theorists and will be of interest to scholars and jurists from around the world, particularly in the United States, Canada, the UK, Australia, and New Zealand.

About the Author

Grant Huscroft is Professor and Associate Dean at the University of Western Ontario in London. He was a member of the Faculty of Law at the University of Auckland, New Zealand, from 1992-2002 and has been a visiting professor at McGill University. He has written extensively about constitutional rights and judicial review and his work has been published in Canada, the United States, the UK, New Zealand, and Australia. He co-authored the leading treatise on constitutional rights in New Zealand, The New Zealand Bill of Rights, and has co-edited four collections of essays.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2008
• Language: English
• ISBN 10: 0521887410
• ISBN 13: 9780521887410
• Binding: Hardcover
• Number of pages: 332
• Editor: Huscroft Grant