Judicial Review in the English-speaking World

By Edward McWhinney

© 1965

This is the third edition of a comparative analysis of the constitution of the United Kingdom, the Commonwealth, and the United States, giving particular attention to the effect of judicial interpretation of legislation in each of these countries. Professor McWhinney has added a new Preface and a new final chapter on “Judicial Policymaking in an Era of Revolution.”
To his task Professor McWhinney brings a wide experience as teacher, lawyer, and consultant in some of these countries, and further experience in teacher and research supervisor for a number of years to students from all the countries covered by the survey.
There are of course, many works that deal with judicial review in Canada, Australia, and the United States. Professor McWhinney’s distinctive contribution lies in his application of the comparative method to all the Commonwealth constitutions, and his extensive use of analogies and comparisons with the experience of the United States. He explores the factors that have made judicial review in the Commonwealth countries rather different from that in the United States, particularly those factors relating to legal education and the traditions of judicial appointment in the various countries under discussion. His emphasis is on the law in action as distinct from the law in books, and on the constant adjustment of legal doctrine to changing conditions of society.
Both as an area study of many countries, and as a study in theory of law and government, the work should commend itself to students and teachers of constitutional law, political science and government, political history, and legal theory.
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Product Details

  • Series: Heritage
  • World Rights
  • Page Count: 266 pages
  • Dimensions: 6.1in x 0.5in x 9.1in
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SKU# SP005781

  • PUBLISHED DEC 1965

    From: $25.46

    Regular Price: $33.95

    ISBN 9781487578893
  • PUBLISHED DEC 1965

    From: $25.46

    Regular Price: $33.95

Quick Overview

This is the third edition of a comparative analysis of the constitution of the United Kingdom, the Commonwealth, and the United States, giving particular attention to the effect of judicial interpretation of legislation in each of these countries.

Judicial Review in the English-speaking World

By Edward McWhinney

© 1965

This is the third edition of a comparative analysis of the constitution of the United Kingdom, the Commonwealth, and the United States, giving particular attention to the effect of judicial interpretation of legislation in each of these countries. Professor McWhinney has added a new Preface and a new final chapter on “Judicial Policymaking in an Era of Revolution.”
To his task Professor McWhinney brings a wide experience as teacher, lawyer, and consultant in some of these countries, and further experience in teacher and research supervisor for a number of years to students from all the countries covered by the survey.
There are of course, many works that deal with judicial review in Canada, Australia, and the United States. Professor McWhinney’s distinctive contribution lies in his application of the comparative method to all the Commonwealth constitutions, and his extensive use of analogies and comparisons with the experience of the United States. He explores the factors that have made judicial review in the Commonwealth countries rather different from that in the United States, particularly those factors relating to legal education and the traditions of judicial appointment in the various countries under discussion. His emphasis is on the law in action as distinct from the law in books, and on the constant adjustment of legal doctrine to changing conditions of society.
Both as an area study of many countries, and as a study in theory of law and government, the work should commend itself to students and teachers of constitutional law, political science and government, political history, and legal theory.
Continue Reading Read Less

Product Details

  • Series: Heritage
  • World Rights
  • Page Count: 266 pages
  • Dimensions: 6.1in x 0.5in x 9.1in
  • Reviews

    "The book…continues to be both a useful and stimulating guide to the major problems of constitutional interpretation. No one reading it could fail to see one of the central issues of political science in a clearer light."


    Public Law

    "Professor McWhinney has added a significant and indispensable book to the small stock of creative scholarship in an area of major importance. The importance of his contribution lies in the skill and clarity with which he has been able to fit what was already known into a persuasive and powerful argument."


    Canadian Journal of Economics and Political Science

    "His book is careful, sound, and thoughtful; it is always vigorous and interesting; in places it is brilliant. McWhinney is to be congratulated on a real comparative analysis of a highly significant governmental process; his portrayal of the similarities and differences in the system of judicial review in these several countries is competent and stimulating."


    The Southwestern Social Science Quarterly

    "By writing this comprehensive and simulating book Professor McWhinney has earned the gratitude and admiration of all those who are interested in the study of comparative constitutional law problems."


    M. Ramaswamy, Advocate, Bangalore, India
    University of Toronto Law Journal

    "…this interesting and provocative book…a scholarly treatise from which the author emerges as the unrepentant advocate of a legal philosophy which should secure the constant adjustment of legal doctrine to changing conditions of society."


    The Canadian Bar Review
  • Author Information

    PROFESSOR EDWARD McWHINNEY of the Faculty of Law at the University of Toronto has been an Assistant Professor at Yale University; and also a Visiting Professor at New York University, at the Ecole Libre des Hautes Etudes, and at the Max-Planck-Institut (Volkerrecht) in Heidelberg. He has also been a Legal Consultant to the United Nations. He is author of Judicial Review in the English-Speaking World, now in its second edition, and of Constitutionalism in Germany; he was also Editor and contributor to the symposium volume Canadian Jurisprudence. He has published many articles in such journals as the Harvard Law Review, the American Journal of Internal Law, the Revue Internatinoale de Droit Compare, the Archiv fur Rechts und Sozialphilosphie. He is a contributor to the Encyclopaedia Britannica.

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