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Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues
Larry Alexander University of San Diego School of Law EXPOUNDING THE CONSTITUTION: ESSAYS IN CONSTITUTIONAL THEORY, Grant Huscroft, ed., Cambridge University Press, 2008 San Diego Legal Studies Paper No. 07-120 Abstract: Should countries have constitutions? Should there be American or Canadian style judicial review of constitutional questions? Should constitutions have provisions establishing rights? Or is there a fundamental right to decide democratically the most important issues confronting us, and particularly, the content of the rights we possess? These questions are frequently not distinguished, with the predictable result that an answer to one is taken to be an answer to another. I intend, however, to make it clear that and why they are separate questions.
Keywords: constitutions, judicial review, moral rights, democracy JEL Classifications: K00, K1, K10 Accepted Paper SeriesDate posted: October 07, 2007 ; Last revised: September 20, 2009Suggested CitationContact Information
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