Philosophical Foundations of Constitutional Law

Hardcover | March 4, 2016

EditorDavid Dyzenhaus, Malcolm Thorburn

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Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines,Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by theadministration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questionsof constitutional "revolutions", challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy.

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Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines,Philosophical Foundations of Constitutional Law...

David Dyzenhaus is University Professor of Law and Philosophy at the University of Toronto. He is the author of four books and many essays at the intersection of political philosophy, legal philosophy, and public law theory. In 2014/15 he was the Arthur Goodhart Visiting Professor of Legal Science in the Faculty of Law, Cambridge Univ...

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Format:HardcoverDimensions:352 pages, 9.69 × 6.73 × 1 inPublished:March 4, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198754523

ISBN - 13:9780198754527

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Table of Contents

IntroductionPart I: What is a Constitution?1. David Dyzenhaus: The Idea of a Constitution: A Plea for Staatsrechtslehre2. Mark Walters: The Unwritten Constitution as a Legal Concept3. Aharon Barak: On Constitutional Implications and Constitutional Structure4. Sanford Levinson: Reflections on What Constitutes 'a Constitution': The Importance of 'Constitutions of Settlement' and the Potential Irrelevance of Herculean Lawyering5. Rosalind Dixon and Adrienne Stone: Constitutional Amendment and Political Constitutionalism: A Philosophical and Comparative ReflectionPart II: Constitutional Authority6. Evan Fox-Decent: Constitutional Legitimacy Unbound7. Hans Lindahl: Constituent Power and the Constitution8. Richard Stacey: Popular Sovereignty and Revolutionary Constitution- Making9. Thomas Poole: Constitutional Reason of StatePart III: Constitutional Rights and their Limitations10. Trevor Allan: The Rule of Law11. Aileen Kavanagh: The Constitutional Separation of Powers12. Jack M. Balkin: The Framework Model and Constitutional Interpretation13. Cristina Lafont: Philosophical Foundations of Judicial ReviewPart IV: Constitutional Rights and their Limitation14. Sophia Moreau: Equality Rights and Stereotypes15. Malcolm Thorburn: Proportionality