Title: Judges and unjust laws : common law constitutionalism and the foundations of judicial review /
Authors: Edlin, Douglas E.
Publisher: The University of Michigan Press,
Year: 2008
Subjects: Judge-made law Great Britain.; Judge-made law United States; Judicial review Great Britain.; Judicial review United States
Abstract: "In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority - perhaps even the obligation - to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges."--Jacket.
Contents: Introduction : "the justice of the common law" -- The common law -- The source-based argument for the judicial obligation to apply the law -- The conceptual argument for the judicial obligation to apply the law -- The source-based argument for the judicial obligation to develop the law : part I (England) -- The source-based argument for the judicial obligation to develop the law : part II (United States) -- The conceptual argument for the judicial obligation to develop the law -- Common law review -- Common law review in two common law systems.