Judges and Unjust Laws - Common Law Constitutionalism and the Foundations of Judicial Review

Klappentext Uses case law analysis! legal theory! constitutional history! and political philosophy to examine the power of judicial review in the common law tradition. It finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently! judges have the authority to refuse to enforce laws that they determine unjust. Zusammenfassung Are judges legally obligated to enforce an unjust law?

Product details

• Authors: Douglas Edlin, Douglas E (Dickinson College Edlin, Douglas E. Edlin
• Publisher: University Of Michigan Press
• Languages: English
• Product format: Paperback / Softback
• Released: 22.07.2010
• EAN: 9780472034154
• ISBN: 978-0-472-03415-4
• No. of pages: 336
• Subject: Social sciences, law, business > Political science > Political theories and the history of ideas