The ultimate rule of law / David M. Beatty.
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Publication details:
Oxford : Oxford University Press, 2004.
Record id:
24287
Author:
Subject:
Rule of law.
Judicial review.
Political questions and judicial power.
Separation of powers.
Contents:
1. The forms and limits of constitutional interpretation: Judicial review and democracy
Contract theory
Process theory
Moral theory
Judicial practice
2. Liberty
Interpretivism
Pragmatism
Religious liberty and popular sovereignty
Religious liberty on the sabbath
Religious liberty and state morality
Revelations
3. Equality: Sex discrimination
Equal opportunities for women
Equal opportunities for lesbians and gays
Liberty, equality, and proportionality
4. Fraternity: Philosophical objections to social and economic rights
Rethinking old ideas in a new millennium
Legal enforcement of social and economic rights
The right to work
The right to the necessities of life
The justice of fair shares
The law of fair shares
5. Proportionality: Proportionality and the paradox
The neutrality of proportionality
Proportionality and private law
Proportionality and perspective
The logic of proportionality
The justice of proportionality
Proportionality and private schools
Proportionality and pragamatism.
Note:
Includes index.
Variant title:
Oxford scholarship online. Law collection.
ISBN:
9780199269808
Phys. description:
xvii, 193 p. ; 24 cm