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Philosophical Foundations of Constitutional Law
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Philosophical Foundations of Constitutional Law

David Dyzenhaus and Malcolm Thorburn

Abstract

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 a multitude of 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 and of constitutionalism: why might such a study be necessary; what problems must it address; and what problems does it usually address (e.g. j ... More

Keywords: constitution, constitutionalism, rule of law, separation of powers, judicial review, interpretation

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780198754527
Published to Oxford Scholarship Online: April 2016 DOI:10.1093/acprof:oso/9780198754527.001.0001

Authors

Affiliations are at time of print publication.

David Dyzenhaus, editor
University Professor of Law and Philosophy, University of Toronto

Malcolm Thorburn, editor
Associate Professor of Law, University of Toronto

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Contents

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Introduction

David Dyzenhaus and Malcolm Thorburn

Part I What is a Constitution?

1 The Idea of a Constitution

David Dyzenhaus*

5 Constitutional Amendment and Political Constitutionalism

Rosalind Dixon* and Adrienne Stone**

Part II Constitutional Authority

Part III Constitutional Fundamentals

10 The Rule of Law

T. R. S. Allan*

Part IV Constitutional Rights and their Limitation

15 Proportionality

Malcolm Thorburn*

End Matter