Titlebook: Law, Morality and Judicial Reasoning; Essays on W. J. Walu Thomas Bustamante,Saulo de Matos,André L. S. Coelh Book 2024 The Editor(s) (if a

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Fixed and Non-fixed Meaning in Constitutional Interpretation: Waluchow’s Answer to Humpty Dumpty’s Pow’s argument, the problems usually regarded as inherent to constitutionalism and to the judicial entrenchment of a charter of rights are strongly reoriented as soon as we abandon an image of fundamental rights as fixed limits. The chapter is divided into two parts. The first part presents the conce

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Waluchow’s Theory of Constitutional Interpretation from a Rhetorical-Argumentative Point of Viewh the tools of rhetorical argumentation theory. Waluchow directs supreme court judges to use a common law approach when they decide constitutional cases, but he is aware that constitutional precedent will not always be sufficient to determine the required decision in a case. If this happens, judges

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Waluchow on Reasoning with the Morality of the Communityjudicial review under bills of rights can be a democratically legitimate practice so long as judges base their interpretation of constitutional rights on the “community’s constitutional morality”. Judges, according to Waluchow, must take care to respect the community’s constitutional philosophy inst

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Reconciliation and the Living Tree MetaphorWaluchow’s important work on a ‘common law’ conception of constitutionalism. Yet despite the clear normative appeal of the metaphor, for a progressive and adaptive constitutional order, we believe it has some significant moral, political, and legal presumptions and limits. We argue that such limits

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The Common Law Methodology in Barren Soil: Prospective Judicial Precedents and Abstract Judicial Revsince political decisions on constitutional rights would be guaranteed by agreements lacking a complete theorization. In deciding a case, a legal rule will be settled and later clarified or expanded by further cases or by legislative intervention. Thus, the actions of Congress and the Court will not

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Democracy and Adjudication in Latin America: A Critical Analysis of Wil Waluchow’s Common Law Theoryeory of judicial review in Latin American constitutionalism. Despite most nations providing a progressivist constitutional protection of rights, one can find on this continent a conservative concentration of powers. Under this circumstance, the scope of a constitutional court (or a supreme court) is

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