00000nam 2200000 4500 INLIS000000000008555 05606/MKRI-P/VI-2008 20221109090237 0010-0520008555 221109################|##########|#eng## 9780521864763 eng 347.710 12 347.710 12 WAL c Waluchow Common Law Theory of Judicial Review : The Living Tree / W.J. Waluchow New York : Cambridge University Press, 2007 xi, 283 p.; 23 cm ; 23 cm p. 273-283 In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy. Judicial review Civil Rights Common Law 05606/MKRI-P/VI-2008