Judicial Power, Democracy, and Legal Positivism (Applied Legal Philosophy)

Judicial Power, Democracy, and Legal Positivism (Applied Legal Philosophy)

By: Professor Tom D. Campbell (editor), Professor Jeffrey Goldsworthy (editor), Professor Tom D. Campbell (series_editor)Hardback

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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.

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About Author

Tom D. Campbell, Centre for Applied Philosophy and Public Ethics, Charles Sturt University, Australia and Jeffrey Goldsworthy, Monash University, Australia Tom Campbell, Neil MacCormick, Martin Krygier, Nicola Lacey, Margaret Davies, Helen Stacy, Natalie Stoljar, Walter Sinnott-Armstrong, Fredrick Schauer. Jeffrey Goldsworthy, Jeremy Waldron, John Daley, Margaret Thornton, Arthur Glass, Tim Dare, Leslie Zines, George Williams.


Contents: Reorienting Legal Positivism: Democratic aspects of ethical positivism, Tom Campbell;; Ethical positivism and the liberalism of fear, Martin Krygier; Feminist perspectives on ethical positivism, Nicola Lacey; Legal separatism and the concept of the person, Margaret Davies; Positivism and difference, Helen Stacy; Is legal positivism committed to Intentionalism?, Natalie Stoljar; A perspective theory of law, Walter Sinnott-Armstrong; Legal positivism and the contingent autonomy of law, Fredrick Schauer. Assemblies v. Courts in Democratic Theory and Practice: The philosophical foundations of parliamentary sovereignty, Jeffrey Goldsworthy; Legislation by assembly, Jeremy Waldron; Defining judicial restraint, John Daley; A patchwork quilt theory of constitutional interpretation, Walter Sinnott-Armstrong; Citizenship, race and adjudication, Margaret Thornton; The vice of judicial activism, Arthur Glass; The role of law and the role of lawyers, Tim Dare; Judicial activism and the rule of law in Australia, Leslie Zines; Judicial activism and judicial review in the high court of Australia, George Williams; Index.

Product Details

  • publication date: 28/03/2000
  • ISBN13: 9780754620617
  • Format: Hardback
  • Number Of Pages: 452
  • ID: 9780754620617
  • weight: 793
  • ISBN10: 0754620611

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