Chapter

The Central Problem of Liberal Constitutional Theory

Robert Song

in Christianity and Liberal Society

Published in print January 2006 | ISBN: 9780198269335
Published online October 2011 | e-ISBN: 9780191683619 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198269335.003.0006

Series: Oxford Studies in Theological Ethics

The Central Problem of Liberal Constitutional Theory

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This chapter examines the key problem in liberal constitutional theory. It attempts to develop some theological understanding of the issues of constitutional and political theory connected with the judicial review of legislation, with special reference to the introduction of a Bill of Rights into British domestic law. It discusses Ronald Dworkin's defence of judicial review and John Finnis' criticism on Dworkin's position. This chapter also aims to produce a general theological account of the relation of the legislature and the judiciary.

Keywords: liberal theory; constitutional theory; political theory; judicial review; legislative review; Bill of Rights; Ronald Dworkin; John Finnis

Chapter.  14944 words. 

Subjects: Christian Theology

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