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

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With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously u...

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Bibliographic Details
Call Number:Libro Electrónico
Main Author: Edlin, Douglas E.
Corporate Author: Project Muse
Format: Electronic eBook
Language:Inglés
Published: Ann Arbor [Mich.] : University of Michigan Press, 2008
Series:Book collections on Project MUSE.
Subjects:
Judicial review > United States.
Judicial review > Great Britain.
Judge-made law > United States.
Judge-made law > Great Britain.
Electronic books.
Online Access:Texto completo
Table of Contents:
  • The common law
  • The source-based argument for the judicial obligation to apply the law
  • The conceptual argument for the judicial obligation to apply the law
  • The source-based argument for the judicial obligation to develop the law : part I (England)
  • The source-based argument for the judicial obligation to develop the law : part II (United States)
  • The conceptual argument for the judicial obligation to develop the law
  • Common law review
  • Common law review in two common law systems.

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