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.
’The essays contained in this volume are uniformly first rate and worthy of careful study…I am impressed by the intellectual honesty manifest in each essay…it is a book that belongs on the shelves of university libraries and on the desks of serious scholars interested in modern legal philosophy and comparative judicial processes.’ The Law and Politics Book Review
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.