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Philosophical Foundations of Constitutional Law - Oxford Scholarship Online
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Philosophical Foundations of Constitutional Law

David Dyzenhaus and Malcolm Thorburn


Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from a multitude of constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution and of constitutionalism: why might such a study be necessary; what problems must it address; and what problems does it usually address (e.g. j ... More

Keywords: constitution, constitutionalism, rule of law, separation of powers, judicial review, interpretation

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780198754527
Published to Oxford Scholarship Online: April 2016 DOI:10.1093/acprof:oso/9780198754527.001.0001


Affiliations are at time of print publication.

David Dyzenhaus, editor
University Professor of Law and Philosophy, University of Toronto

Malcolm Thorburn, editor
Associate Professor of Law, University of Toronto

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David Dyzenhaus and Malcolm Thorburn

Part I What is a Constitution?

1 The Idea of a Constitution

David Dyzenhaus*

5 Constitutional Amendment and Political Constitutionalism

Rosalind Dixon* and Adrienne Stone**

Part II Constitutional Authority

Part III Constitutional Fundamentals

10 The Rule of Law

T. R. S. Allan*

Part IV Constitutional Rights and their Limitation

15 Proportionality

Malcolm Thorburn*

End Matter