POLI 347 Lecture Notes - Lecture 13: Deliberative Democracy, Natural Justice, Analogy

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8 Aug 2016
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For the living tree to function the constitution must be broad and progressive to help to further adapt to the changing conditions. Waluchow presents a version of legal positivism that is consistent with a defence of judicial review and criticises positivists who regard such review as undemocratic. Charter of bills of rights = good protection of the minorities. Or securing fundamental liberal rights thought essential to a thriving democracy. Principle aim of paper to defend charters and their practises of judicial review to which they normally give rise, against a variety of objections that have been made in both popular and academic discourse. Hart"s thoughts on the choices we face when attempting to implement the rule of law: need for general rules which can be applied at point of application without fresh judgment. Dependent reasons: need to leave room for unforeseen circumstances. Hart = variety of techniques we can use to find an acceptable balance between tehse two fundamental needs.

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