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