Jeremy Waldron and the Philosopher's Stone

Allan, James

Journal: San Diego Law Review

Volume: 45

First Page: 133

Year: 2008

Bluebook Citation: 45 SAN DIEGO L. REV. 133 (2008)

Author: James A. Allan: all 14 publications


Abstract

The author considers Jeremy Waldron's argument in favour of referring to, and on occasion perhaps even deferring to, foreign law. Waldron rests his argument on an analogy to how science works. The author argues this analogy is flawed. Indeed the author argues that Waldron's position on this issue is inconsistent with his earlier writings on the undesirability of strong judicial review under an entrenched bill of rights.

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