Constitutional Rights and Constitutional Design : Moral and Empirical Reasoning in Judicial Review

Paul Yowell

ISBN 10: 1509913599 / ISBN 13: 9781509913596

Editore: Bloomsbury 3PL, 2018

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nach der Bestellung gedruckt Neuware - Printed after ordering - The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt If so, in what form For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.

Codice articolo 9781509913596

Dati bibliografici

• Titolo: Constitutional Rights and Constitutional Design : Moral and Empirical Reasoning in Judicial Review
• Editore: Bloomsbury 3PL
• Data di pubblicazione: 2018
• Lingua: Inglese
• ISBN 10: 1509913599
• ISBN 13: 9781509913596
• Rilegatura: Buch
• Condizione: Neu
• Dimensioni: 240 L x 161 A x 15 P (millimetri) 240 millimetri di larghezza per 161 millimetri di altezza per 15 millimetri di profondità
• Peso: 449 grammi

Descrizione articolo

Riassunto

This important and original book takes a novel stance on the legitimacy of judicial review of legislation by courts, arguing that courts lack the institutional capacities needed for the moral and empirical reasoning in which they are currently engaging, and proposing reforms to address this deficit.

Informazioni sull?autore

Paul Yowell is Associate Professor of Law at the University of Oxford, and the Benn Fellow and Tutor in Law at Oriel College, Oxford.


Photo courtesy of Faculty of Law, University of Oxford.