Description

Book Synopsis
The debate over judicial review typically frames law's meaning as either rigid or elastic, strictly given or subjectively interpreted. By examining the operation of the wider legal system, this book provides a new framework for understanding objective judicial review.

Table of Contents
1. Introduction; Part I. An Objective Legal System: 2. Objectivity - getting reality right; 3. Objectivity in a legal system - three cornerstones; 4. The moral imperative of the rule of law; 5. The moral authority beneath the law; 6. A written constitution - bedrock legal authority; Part II. Implications for Judicial Review: 7. Judicial review - the reigning accounts' failure; 8. Objective judicial review - understanding the law in context; 9. Proper review in contemporary conditions; Conclusion.

Judicial Review in an Objective Legal System

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    A Hardback by Tara Smith

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      Publisher: Cambridge University Press
      Publication Date: 7/30/2015 12:00:00 AM
      ISBN13: 9781107114494, 978-1107114494
      ISBN10: 1107114497
      Also in:
      Methods, theory and philosophy of law Political science and theory

      Description

      Book Synopsis
      The debate over judicial review typically frames law's meaning as either rigid or elastic, strictly given or subjectively interpreted. By examining the operation of the wider legal system, this book provides a new framework for understanding objective judicial review.

      Table of Contents
      1. Introduction; Part I. An Objective Legal System: 2. Objectivity - getting reality right; 3. Objectivity in a legal system - three cornerstones; 4. The moral imperative of the rule of law; 5. The moral authority beneath the law; 6. A written constitution - bedrock legal authority; Part II. Implications for Judicial Review: 7. Judicial review - the reigning accounts' failure; 8. Objective judicial review - understanding the law in context; 9. Proper review in contemporary conditions; Conclusion.

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