ABSTRACT

This title was first published in 2000:  This volume of essays explores a number of fundamental constitutional law questions in a variety of historical and jurisdictional contexts. The contributions focus on the role to be played by courts and legal principles in the resolution of major political controversies and on the progressive development of constitutional jurisprudence in countries sharing a broadly common law legal tradition. The guiding theme pervading the collection is an attempt to measure the legitimacy of judicial (in-)activism when courts are faced with difficult political choices on matters such as slavery, internment, racism and voting rights and radical economic policies and are also confronted with the requirement to attach concrete meanings to such abstract concepts as the separation of powers and the rule of law.

chapter

Introduction

part I|56 pages

General Principles

chapter 1|20 pages

The Rule of Law and Its Virtue *

chapter 2|38 pages

Harvard Law Review

Toward Neutral Principles of Constitutional Law †

part III|54 pages

On Social and Economic Rights Prior to the Keynesian Orthodoxy

chapter 5|36 pages

Yale Law Journal

Liberty of Contract

chapter 6|20 pages

Harvard Law Review

Judicial Review of Social Policy in England

part IV|84 pages

On the Liberty of the Person in Time of War

chapter 7|46 pages

The Yale Law Journal

The Japanese American Cases-A Disaster

part V|2 pages

The South(em) African Crisis of the 1890s and 1950s

chapter 10|28 pages

The Entrenched Sections of the South Africa Act

Two Great Legal Battles

part VI|2 pages

Changing Perceptions of the Sovereignty of the United Kingdom

part VII|2 pages

Canada: A Via Media between British and American Principle?

part VIII|2 pages

Freedom of Expression and Political Accountability