Download this Paper Open PDF in Browser

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

27 Pages Posted: 16 Nov 2006  

Larry Alexander

University of San Diego School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: November 8, 2006

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: Constitutional Law, Jurisprudence, Moral Rights, Judicial Review

Suggested Citation

Alexander, Larry, Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues (November 8, 2006). San Diego Legal Studies Paper No. 07-78. Available at SSRN: https://ssrn.com/abstract=945215 or http://dx.doi.org/10.2139/ssrn.945215

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)

Paper statistics

Downloads
258
Rank
23,046
Abstract Views
1,063