Constitutional Rights and Constitutional Design: Moral and Empirical Reasoning in Judicial Review - Image 1

£64.99

Bloomsbury Constitutional Rights and Constitutional Design: Moral and Empirical Reasoning in Judicial Review

Name: Constitutional Rights and Constitutional Design: Moral and Empirical Reasoning in Judicial Review
Brand: Bloomsbury
Price: 65.0 GBP
Availability: InStock

Law

Price History & Forecast

Last 45 days • 45 data points (No recent data available)

Historical

Generating forecast...

Price Distribution

Price distribution over 45 days • 1 price levels

Days at Price

Price Analysis

Most common price: £65 (45 days, 100.0%)

Price range: £65 - £65

Price levels: 1 different prices over 45 days

Description

Product Description The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts. About the Author Paul Yowell is Associate Professor of Law at the University of Oxford, and Fellow and Tutor in Law at Oriel College, Oxford.

Product Specifications

Brand: Bloomsbury
Format: hardcover
ASIN: 1509913599
Category: Books > Subjects > Business, Finance & Law > Law
Domain: Amazon UK
Release Date: 26 April 2018
Listed Since: 16 March 2017

Barcode

No barcode data available

Bloomsbury Constitutional Rights and Constitutional Design: Moral and Empirical Reasoning in Judicial Review

Price History & Forecast

Price Distribution

Price Analysis

Description

Product Specifications

Barcode

Similar Products You Might Like

Judicial Review and the Constitution

Rights-Based Constitutional Review: Constitutional Courts in a Changing Landscape (Studies in Comparative Law and Legal Culture series)

Constitutional Dialogues in Comparative Perspective

Democratizing Constitutional Law: Perspectives on Legal Theory and the Legitimacy of Constitutionalism: 113 (Law and Philosophy Library, 113)

Constitutional Argument and Institutional Structure in the United States

The Constitutional Foundations of Judicial Review

Supermajorities in Constitutional Courts

Constitutional Review in Central and Eastern Europe: Judicial-Legislative Relations in Comparative Perspective

The Separation of Powers and Legislative Interference in Judicial Process: Constitutional Principles and Limitations

The High Court, the Constitution and Australian Politics

Morality, Politics, and Law: A Bicentennial Essay

On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights: A Comparative Analysis in the European Multilevel Court System

Responsive Judicial Review: Democracy and Dysfunction in the Modern Age (Oxford Comparative Constitutionalism)

Constitutionality of Law without a Constitutional Court: A View from Europe (Comparative Constitutional Change)

Inside the Judicial Process: A Contemporary Reader in Law, Politics, and the Courts

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism: 135 (Law and Philosophy Library, 135)

Rethinking Legitimacy: Courts, Constitutions and Politics

The Practice of American Constitutional Law

The Global Model of Constitutional Rights (Oxford Constitutional Theory)

How Constitutional Rights Matter

The Latin American Casebook: Courts, Constitutions, and Rights

Reconstructing Judicial Review

Routledge Courts, Politics and Constitutional Law Book

Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective: 62 (Law and Philosophy Library, 62)