Philosophical Foundations of Constitutional Law

by David Dyzenhaus (Editor), Malcolm Thorburn (Editor)

Overview

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime.

Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law.

The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.

Product Details

ISBN-13:	9780198754534
Publisher:	Oxford University Press
Publication date:	03/17/2019
Series:	Philosophical Foundations of Law
Edition description:	Reprint
Pages:	352
Product dimensions:	9.60(w) x 6.60(h) x 0.80(d)

About the Author

David Dyzenhaus, University Professor of Law and Philosophy, University of Toronto, Malcolm Thorburn, Associate Professor of Law, University of Toronto

David Dyzenhaus is University Professor of Law and Philosophy at the University of Toronto. He is the author of many books and essays at the intersection of political philosophy, legal philosophy, and public law theory.

Malcolm Thorburn is Associate Professor of Law at the University of Toronto. Until 2012, he held the Canada Research Chair in Crime, Security and Constitutionalism at Queen's University. He has been a visiting fellow at the Australian National University (2008); Ludwig Maximilians University, Munich (2011); the French National Centre for Criminology (CESDIP), Paris (2011); and Magdalen College, Oxford (2011-12). He is an associate editor of the New Criminal Law Review and a member of the editorial boards of Law and Philosophy and Criminal Law and Philosophy.

Table of Contents

IntroductionPart I: What is a Constitution?1. The Idea of a Constitution: A Plea for Staatsrechtslehre, David Dyzenhaus2. The Unwritten Constitution as a Legal Concept, Mark Walters3. On Constitutional Implications and Constitutional Structure, Aharon Barak4. Reflections on What Constitutes 'a Constitution': The Importance of 'Constitutions of Settlement' and the Potential Irrelevance of Herculean Lawyering, Sanford Levinson5. Constitutional Amendment and Political Constitutionalism: A Philosophical and Comparative Reflection, Rosalind Dixon and Adrienne StonePart II: Constitutional Authority6. Constitutional Legitimacy Unbound, Evan Fox-Decent7. Constituent Power and the Constitution, Hans Lindahl8. Popular Sovereignty and Revolutionary Constitution- Making, Richard Stacey9. Constitutional Reason of State, Thomas PoolePart III: Constitutional Rights and their Limitations10. The Rule of Law, Trevor Allan11. The Constitutional Separation of Powers, Aileen Kavanagh12. The Framework Model and Constitutional Interpretation, Jack M. Balkin13. Philosophical Foundations of Judicial Review, Cristina LafontPart IV: Constitutional Rights and their Limitation14. Equality Rights and Stereotypes, Sophia Moreau15. Proportionality, Malcolm Thorburn

Editorial Reviews

"The book... is a successful introduction to the central questions [of constitutional law]. It provides intellectual roadmaps as well as explicit encouragement along the way to scholars who might wish to engage in this field of enquiry. It incorporates useful methodological discussions of philosophical, legal, and comparative common-law jurisdictions." - S. Tarik Olcay, The Cambridge Law Journal

"This is a wonderful collection of unfailingly engaging and interesting essays, virtually every one of them making a substantial contribution to the subject matter it discusses. The book will serve as a landmark in modern constitutional theory and its influence will inevitably reach far into the future and wide into legal systems of the world."- Pavlos Eleftheriadis, The Modern Law Review

From the Publisher