'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

Autorentext
Tom Campbell, Adrienne Stone

Klappentext

The papers that comprise this collection emphasize the link between law and politics, arguing that many developments in the practice and theory of democracy are redolent with implications for law and legal theory.

Zusammenfassung
This collection represents the body of captivating literature that is engaged not only with current developments in law and politics but also with the rediscovery of traditional theories. It offers a way into an engaging and important debate that bears of the most fundamental issues within both legal and political theory.

Inhalt
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.