Judicial power, democracy and legal positivism
Author(s)
Bibliographic Information
Judicial power, democracy and legal positivism
Dartmouth : Ashgate, c2000
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Dartmouth series in applied legal philosophy
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Note
Includes bibliographical references index
Dartmouth series in applied legal philosophy<BA17087823>-- series preface (p. xi)
Description and Table of Contents
Description
In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.
Table of Contents
- Contents: Reorienting Legal Positivism: Democratic aspects of ethical positivism, Tom Campbell
- Ethical positivism and the liberalism of fear, Martin Krygier
- Feminist perspectives on ethical positivism, Nicola Lacey
- Legal separatism and the concept of the person, Margaret Davies
- Positivism and difference, Helen Stacy
- Is legal positivism committed to Intentionalism?, Natalie Stoljar
- A perspective theory of law, Walter Sinnott-Armstrong
- Legal positivism and the contingent autonomy of law, Fredrick Schauer. Assemblies v. Courts in Democratic Theory and Practice: The philosophical foundations of parliamentary sovereignty, Jeffrey Goldsworthy
- Legislation by assembly, Jeremy Waldron
- Defining judicial restraint, John Daley
- A patchwork quilt theory of constitutional interpretation, Walter Sinnott-Armstrong
- Citizenship, race and adjudication, Margaret Thornton
- The vice of judicial activism, Arthur Glass
- The role of law and the role of lawyers, Tim Dare
- Judicial activism and the rule of law in Australia, Leslie Zines
- Judicial activism and judicial review in the high court of Australia, George Williams
- Index.
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