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Ian Loveland
ISBN: 9780754620662
Format: Hardback
Publisher:Ashgate Publishing Group
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An exploration of a number of fundamental constitutional law questions in a variety of historical and jurisdictional contexts. The essays focus on the role to be played by courts and legal principles in the resolution of major political controversies.
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.
| ISBN | 0754620662 | | DEWEY edition | DC21 | | ISBN13 | 9780754620662 (What's this?) | | Pages | 460 | | Publisher | Ashgate Publishing Group | | Volumes | 001 | | Imprint | Dartmouth Publishing Co Ltd | | Weight (grammes) | 1134 | | Format | Hardback | | Published in | Aldershot | | Publication date | 16 Oct 2000 | | Series title | International Library of Essays in Law and Legal Theory: Second Series | | Non-book description | xxv, 477 p. ; | | Height (mm) | 182 | | Library of Congress | K3165.C59 | | Width (mm) | 251 | | DEWEY | 342.02 | | Academic level | Undergraduate, Postgraduate, Professional / Scholarly |
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| | | Acknowledgements | | | | | | Series Preface | | | | | | Introduction | | | | | | The Rule of Law and its Virtue by Joseph Raz | | 3 | | | | Toward Neutral Principles of Constitutional Law by Herbert Wechsler | | 21 | | | | The Dred Scott Decision, in the Light of Contemporary by Edward S. Corwin | | 59 | | | | Somerset: Lord Mansfield and the Legitimacy of Slavery in the Anglo-American World by William M. Wiecek | | 77 | | | | Liberty of Contract by Roscoe Pound | | 141 | | | | Judicial Review of Social Policy in England by Harold J. Laski | | 175 | | | | The Japanese American Cases - A Disaster by Eugene V. Rostow | | 195 | | | | Liversidge v.Anderson in Retrospect by R. F. V. Heuston | | 241 | | | | Constitutionalism in the South African Republics by L. M. Thompson | | 279 | | | | The Entrenched Sections of the South Africa Act: Two Great Legal Battles by Denis V. Cowen | | 303 | | | | The Basis of Legal Sovereignty by H. W. R. Wade | | 333 | | | | Sovereignty of the United Kingdom Parliament after Factortame by P. P. Craig | | 359 | | | | Law, Convention, Prerogative: Reflections Prompted by the Canadian Constitutional Case by T. R. S. Allan | | 397 | | | | The New York Times Case: A Note on "The Central Meaning of the First Amendment" by Harry Kalven, Jr. | | 415 | | | | Engineers is Dead, Long Live the Engineers! by George Williams | | 447 | | | | Name Index | | 473 |
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