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Constitutional Law in Theory and Practice David Beatty

Constitutional Law in Theory and Practice David Beatty CONSTITUTIONAL LAW CONSTITUTIONAL LAW IN THEORY AND PRACTICE. By David Beatty. Toronto/Buffalo/London: University of Toronto Press, 1995. Pp. xii, Reviewed by Winfried Brugger* This book by David Beatty, a constitutional law specialist at the University of Toronto, pursues two objectives. First, Beatty offers an introduction to the two most important areas of Canadian constitu­ tional law. Chapters 2 and 3 describe the system of separation-of- powers and the scope of protection of fundamental rights in th e juris ­ prudence of the Canadian Supreme Court. These parts of the book probably contain few surprises to an expert in Canadian constitu­ tional law, but they are enlightening to constitutional law jurists from other countries who wish to become bette r acquainted with Can­ ada's constitutional legal system. Second, Beatty pursues a more demanding and ambitious objec­ tive. He wants to persuade his readers to re-examine some tradi­ tional understandings of constitutionalism in liberal, democratic countries. These conventional wisdoms of wester n constitutionalism, and Beatty's alternative views, include the following propositions: (1) The process of constitutional interpretation is subjective and arbitrary, which is why political organs are better suited than judicial organs to make decisions in dubious cases. Beatty argues tha http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Constitutional Law in Theory and Practice David Beatty

Brugger, Winfried
American Journal of Comparative Law , Volume 46 (3) – Jul 1, 1998
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Publisher
Oxford University Press
Copyright
© 1998 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840845
Publisher site
See Article on Publisher Site

Abstract

CONSTITUTIONAL LAW CONSTITUTIONAL LAW IN THEORY AND PRACTICE. By David Beatty. Toronto/Buffalo/London: University of Toronto Press, 1995. Pp. xii, Reviewed by Winfried Brugger* This book by David Beatty, a constitutional law specialist at the University of Toronto, pursues two objectives. First, Beatty offers an introduction to the two most important areas of Canadian constitu­ tional law. Chapters 2 and 3 describe the system of separation-of- powers and the scope of protection of fundamental rights in th e juris ­ prudence of the Canadian Supreme Court. These parts of the book probably contain few surprises to an expert in Canadian constitu­ tional law, but they are enlightening to constitutional law jurists from other countries who wish to become bette r acquainted with Can­ ada's constitutional legal system. Second, Beatty pursues a more demanding and ambitious objec­ tive. He wants to persuade his readers to re-examine some tradi­ tional understandings of constitutionalism in liberal, democratic countries. These conventional wisdoms of wester n constitutionalism, and Beatty's alternative views, include the following propositions: (1) The process of constitutional interpretation is subjective and arbitrary, which is why political organs are better suited than judicial organs to make decisions in dubious cases. Beatty argues tha

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American Journal of Comparative Law – Oxford University Press

Published: Jul 1, 1998

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