Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Borderlines in Private Law

Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Judicial Power, Democracy and Legal Positivism


ISBN13: 9780754620617
ISBN: 0754620611
Published: March 2000
Publisher: Routledge
Format: Hardback
Price: £135.00




Also available as

In this text, an international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislature and courts. Issues are illustrated with developments in Australian constitutional law.

Contents:
Part 1 Re-orienting legal positivism: democratic aspects of ethical positivism; ethical positivism and the practical force of rules; ethical positivism and the liberalism of fear; feminist perspectives on ethical positivism; legal separatism and the concept of the person; positivism and difference; is legal positivism committed to intentionalism?; a perspective theory of law; legal positivism and the contingent autonomy of law.
Part 2 Assemblies versus courts in democratic theory and practice: the philosophical foundations of parliamentary sovereignty; legislation by assembly; defining judicial restraints; a patchwork quilt theory of constitutional interpretation; citizenship, race and adjudication; the vice of judicial activism; the role of law and the role of lawyers; judicial activism and the rule of law in Australia; judicial activism and judicial review in the high court of Australia.