Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues
University of San Diego School of Law
November 8, 2006
San Diego Legal Studies Paper No. 07-78
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.
Number of Pages in PDF File: 27
Keywords: Constitutional Law, Jurisprudence, Moral Rights, Judicial Review
Date posted: November 16, 2006