584 Pages
by
Routledge
The study of law is a branch of the study of politics. Even those who emphasize the autonomy of law, either sociologically or normatively, must acknowledge that this is a position that requires justification within a broader theory of politics that either explains or justifies this autonomy. Inevitably, therefore, developments in political life and in political philosophy have a significant... Read more
Contents: General: Republicanism, liberalism and the law, Mortimer Sellers; The politics of the British constitution, K.D. Ewing; Democracy and positive liberty, Frank Michelman; Legislation, authority and voting, Jeremy Waldron. Liberal Legalism: The moral reading, Ronald Dworkin; Taking freedom seriously, Robin West. Republicanism: Beyond the republican revival, Cass R. Sunstein; Law's republicanism, Kathryn Adams; Republican liberty and its constitutional significance, Philip Pettit. Deliberative Democracy: Paradigms of law, Jürgen Habermas; Law as discourse: bridging the gap between democracy and rights, Michel Rosenfeld; Legal positivism and deliberative democracy, Tom Campbell. Democratic Formalism: The rule of law as a law of rules, Antonin Scalia; Justice Scalia's democratic formalism, Cass R. Sunstein; Originalism in constitutional interpretation, Jeffrey Goldsworthy. Judicial Review: Constitutional democracy and the legitimacy of judicial review, Samuel Freeman; Freeman's defense of judicial review, Jeremy Waldron; On not standing for notwithstanding, John D. Whyte; Standing up for notwithstanding, Peter H. Russell; Name index.
Biography
Tom Campbell, Adrienne Stone
'Campbell and Stone have amassed an impressive collection of authors...As a collection of seminal essays in the realm of western constitutional philosophy, this book is useful.' The Law and Politics Book Review '...a rich collection.' South African Journal on Human Rights
