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Christianity and Liberal Society$
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Robert Song

Print publication date: 2006

Print ISBN-13: 9780198269335

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198269335.001.0001

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The Central Problem of Liberal Constitutional Theory

The Central Problem of Liberal Constitutional Theory

Chapter:
(p.176) 6 The Central Problem of Liberal Constitutional Theory
Source:
Christianity and Liberal Society
Author(s):

Robert Song

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198269335.003.0006

This chapter examines the key problem in liberal constitutional theory. It attempts to develop some theological understanding of the issues of constitutional and political theory connected with the judicial review of legislation, with special reference to the introduction of a Bill of Rights into British domestic law. It discusses Ronald Dworkin's defence of judicial review and John Finnis' criticism on Dworkin's position. This chapter also aims to produce a general theological account of the relation of the legislature and the judiciary.

Keywords:   liberal theory, constitutional theory, political theory, judicial review, legislative review, Bill of Rights, Ronald Dworkin, John Finnis

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