Portia, Bassanio or Dick the Butcher? Constraining Judges in the Twenty-First Century
King's College Law Journal, Vol. 17, pp. 1-26, 2006
28 Pages Posted: 4 Oct 2007
In this article the author looks at the position of judges around the common law democratic world and considers the extent to which the sort of bill of rights in play, and the approach to interpreting it that has been adopted, affects their underlying power and position. He maps the various alternatives on offer from least constraining to most constraining.
Keywords: bills of rights, originalism, parliamentary sovereignty, reading down provisions, Merchant of Venice
Suggested Citation: Suggested Citation