Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues

EXPOUNDING THE CONSTITUTION: ESSAYS IN CONSTITUTIONAL THEORY, Grant Huscroft, ed., Cambridge University Press, 2008

San Diego Legal Studies Paper No. 07-120

26 Pages Posted: 7 Oct 2007  

Larry Alexander

University of San Diego School of Law

Multiple version iconThere are 2 versions of this paper

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 Classification: K00, K1, K10

Suggested Citation

Alexander, Larry, Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues. EXPOUNDING THE CONSTITUTION: ESSAYS IN CONSTITUTIONAL THEORY, Grant Huscroft, ed., Cambridge University Press, 2008; San Diego Legal Studies Paper No. 07-120. Available at SSRN: https://ssrn.com/abstract=1019605

Lawrence Alexander (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2317 (Phone)
619-260-4728 (Fax)

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