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Expounding the Constitution
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Table of Contents

Part I. Morality and the Enterprise of Interpretation: 1. What does constitutional interpretation interpret? Steven D. Smith; 2. Do judges reason morally? Jeremy Waldron; 3. Constitutional morality and bills of rights W. J. Waluchow; 4. Justification and rights limitations Bradley W. Miller; Part II. Judicial Review, Legitimacy, and Justification: 5. Constitutions, judicial review, moral rights, and democracy: disentangling the issues Larry Alexander; 6. The incoherencies of constitutional positivism David Dyzenhaus; 7. The travails of Justice Waldron James Allan; 8. Deference rather than defiance: the limits of the judicial role in constitutional adjudication Aileen Kavanagh; Part III. Unwritten Constitutional Principles: 9. Constitutional justice and the concept of law T. R. S. Allan; 10. Written constitutions and unwritten constitutionalism Mark D. Walters; 11. Unwritten constitutional principles Jeffrey Goldsworthy.

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This book addresses key issues in contemporary theory, including the nature of interpretation of bills of rights and the legitimacy and justification of judicial review.

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"...An eclectic array of writing with transnational panache....Huscroft has done a fine job of collecting interesting essays. The book presents a politically and philosophically balanced view of constitutional theory....The essays are fairly accessible....Huscroft's introduction helps weave the patchwork of essays together....Altogether, the book is a good read, and is recommended for those interested in constitutional theory and interpretation, judicial review, and legal philosophy." --Adam Shajnfeld (J.D., Columbia), The Law and Politics Book Review

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