Read more
List of contents
Contents: Introduction: legal theory in the crucible of constitutional justice; Going back to basic norm(s); Political argument: intersubjectivism; The politics of equality; The private is political; The two Romes; Constitutional justice and post-positivist legal systems; Final thoughts; Bibliography; Case references; Index.
About the author
Rory O'Connell, Lancaster University, UK. 1992 Batchelor of Civil Law (European Legal Studies) Degree at the University College Dublin, Ireland. Wrote a LL.M dissertation at U.C.D. Ph.D was completed at the European University Institute, Florence, Italy in 1997. Since 1997 I have taught Comparative Law at the University of Lancaster and acted as Director of our European Legal Studies Degree.
Summary
This title was first published in 2000: Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexual morality) and Italy (religion), this book demonstrates how constitutional judgements rely upon unarticulated political commitments. Decisions do not rely just on the formal sources of law, but also unacknowledged political morality as part of the nature of law itself. Examining this link will enable lawyers to understand how the criteria of political moral arguments affect and are affected by, legal arguments. This interaction between law and morality allows us to escape the dichotomy of natural law versus positivism in a time when judges increasingly act as moral guardians.
