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  1. Waluchow’s constitutional morality and the artificial reason of the Common Law.Kevin Bouchard - forthcoming - Problema. Anuario de Filosofía y Teoria Del Derecho:e18773.
    This article proposes to elucidate Wilfrid Waluchow’s notion of constitutional morality by explaining how it relates to the classical common law idea of artificial reason. It examines how Waluchow’s effort to reconcile insights from the thought of H.L.A. Hart and Ronald Dworkin through the idea of constitutional morality is both reminiscent of the artificial reason of the common law and distinct from it. It shows that constitutional morality evokes the subtle union of custom and reason found in artificial reason, but (...)
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  • Judicial review.W. J. Waluchow - 2007 - Philosophy Compass 2 (2):258–266.
    Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge that it is fundamentally undemocratic. The focus is on the powerful critique mounted (...)
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  • On the Puzzling Death of the Sanctity-of-Life Argument.Katharina Stevens - 2020 - Argumentation 34 (1):55-81.
    The passage of time influences the content of the law and therefore also the validity of legal arguments. This is true even for charter-arguments, despite the widely held view that constitutional law is made to last. In this paper, I investigate the reason why the sanctity-of life argument against physician assisted suicide lost its validity between the Supreme Court decision in Rodriguez v. British Columbia in 1993 and Carter v. Canada in 2015. I suggest that a rhetorical approach to argument (...)
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  • Finding Written Law.Benjamin L. S. Nelson - manuscript
    In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.
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  • Constitutionalism.Wil Waluchow - 2008 - Stanford Encyclopedia of Philosophy.
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