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9780754620617

Judicial Power, Democracy and Legal Positivism

by
  • ISBN13:

    9780754620617

  • ISBN10:

    0754620611

  • Format: Hardcover
  • Copyright: 2000-03-28
  • Publisher: Routledge

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Summary

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

List of Contributors
vii
Series Preface xi
Preface xiii
PART I REORIENTING LEGAL POSITIVISM
Democratic Aspects of Ethical Positivism
3(34)
Tom Campbell
Ethical Positivism and the Practical Force of Rules
37(22)
Neil MacCormick
Ethical Positivism and the Liberalism of Fear
59(30)
Martin Krygier
Feminist Perspectives on Ethical Positivism
89(26)
Nicola Lacey
Legal Separatism and the Concept of the Person
115(24)
Margaret Davies
Positivism and Difference
139(30)
Helen Stacy
Is Positivism Committed to Intentionalism?
169(16)
Natalie Stoljar
A Perspectival Theory of Law
185(30)
Walter Sinnott-Armstrong
Legal Positivism and the Contingent Autonomy of Law
215(14)
Frederick Schauer
PART II ASSEMBLIES VERSUS COURTS IN DEMOCRATIC THEORY AND PRACTICE
The Philosophical Foundations of Parliamentary Sovereignty
229(22)
Jeffrey Goldsworthy
Legislation by Assembly
251(28)
Jeremy Waldron
Defining Judicial Restraint
279(36)
John Daley
A Patchwork Quilt Theory of Constitutional Interpretation
315(20)
Walter Sinnott-Armstrong
Citizenship, Race and Adjudication
335(20)
Margaret Thornton
The Vice of Judicial Activism
355(16)
Arthur Glass
The Role of Law and the Role of Lawyers
371(20)
Tim Dare
Judicial Activism and the Rule of Law in Australia
391(22)
Leslie Zines
Judicial Activism and Judicial Review in the High Court of Australia
413(18)
George Williams
Index 431

Supplemental Materials

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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