Judicial Power, Democracy and Legal Positivism: 1st Edition (Paperback) book cover

Judicial Power, Democracy and Legal Positivism

1st Edition

Edited by Tom D. Campbell, Jeffrey Goldsworthy


452 pages

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Paperback: 9781138251298
pub: 2016-08-26
Currently out of stock
Hardback: 9780754620617
pub: 2000-03-28
eBook (VitalSource) : 9781315251301
pub: 2017-03-02
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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

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.

About the Series

Applied Legal Philosophy

Applied Legal Philosophy
The principal objective of this series is to encourage the publication of books which adopt a theoretical approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political concern in specific legal contexts. The general approach is both analytical and critical and relates to the socio-political background of law reform issues. This series includes studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / Judicial Power