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Judges And Unjust Laws

Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472034154
Size: 28.92 MB
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Are judges legally obligated to enforce an unjust law?

Constitutionalism And The Rule Of Law

Author: Maurice Adams
Publisher: Cambridge University Press
ISBN: 1107151856
Size: 28.56 MB
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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Common Law Judging

Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472130021
Size: 32.24 MB
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Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity

Judicial Review In An Objective Legal System

Author: Tara Smith
Publisher: Cambridge University Press
ISBN: 1107114497
Size: 33.90 MB
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This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.

Constitutional Justice

Author: T. R. S. Allan
Publisher: Oxford University Press on Demand
ISBN: 9780199267880
Size: 16.25 MB
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In Constitutional Justice, the concept of the rule of law is explained and defended as an ideal of constitutionalism, and the general principles of public law are set in the broader perspective of legal and political philosophy. Although primarily an essay in constitutional theory, itspractical implications are fully explained by reference to case-law examples. Drawing on the experience of a number of common law countries--especially Britain, the United States, and Australia--Allan seeks to identify the common elements of a shared constitutional framework that provides thefoundations, in each case, of a liberal democratic legal order. These common foundations include certain constraints on the exercise of state power, challenging the widespread view that the rule of law should be conceived as a purely procedural ideal.The book explains the essential connections between a range of matters critical to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality beforethe law. The limits of parliamentary sovereignty are shown to derive from its status as a common law doctrine, when the common law is interpreted as a deliberative process of moral argument and justification. Legislative supremacy is qualified by a counter-balancing judicial sovereignty, ensuringthe protection of fundamental common law rights of procedural fairness and equality.

Law Liberty And Justice

Author: Trevor R. S. Allan
Publisher: Oxford University Press
ISBN:
Size: 52.86 MB
Format: PDF
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In a fresh appraisal of the fundamental doctrines of constitutional law, Trevor Allan examines the nature of the rule of law and the separation of powers. He refutes the traditional doctrine of unlimited parliamentary sovereignty, challenges the orthodox distinction between law and convention, and considers the character of common law rights and the nature and purpose of judicial review of administrative action.