Jeremy Waldron and the Philosopher's Stone

31 Pages Posted: 21 Feb 2008

See all articles by James Allan

James Allan

The University of Queensland - T.C. Beirne School of Law

Abstract

The author considers Jeremy Waldron's argument in favour of referring to, and on occasion perhaps even deferring to, foreign law. Waldron rests his argument on an analogy to how science works. The author argues this analogy is flawed. Indeed the author argues that Waldron's position on this issue is inconsistent with his earlier writings on the undesirability of strong judicial review under an entrenched bill of rights.

Keywords: Waldron, Bills of Rights, Interpretation

Suggested Citation

Allan, James, Jeremy Waldron and the Philosopher's Stone. University of Queensland TC Beirne School of Law Research Paper No. 08-03; San Diego Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1095532

James Allan (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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