Brudner argues that liberal constitutionalism, or the rule of Law, requires the adoption of a written constitution, regulating the respective powers of court and legislature. In his analysis, the common law constitution is associated with a libertarian paradigm that gives way, in part, to an...

My analysis of the constitutional foundations of judicial review has been criticized by Paul Craig; but his objections confuse the 'constructive' account of legislative intent I defend with the 'literal' conception (reflecting the views of individual legislators) I expressly repudiate. He thinks...

The lively debate over the constitutional foundations of judicial review has been marred by a formalism which obscures its point and value. Abstracted from genuine issues of substance, the rival positions offer inadequate accounts of the legitimacy of judicial review; constitutional theory must...

Ronald Dworkin's theory of law forges a close connection between questions about the truth of propositions of law and the question of political obligation: law as integrity is a theory of legal practice that purports to explain, not only how the content of law is determined, but also why the...