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    Democratic Jurisprudence and Judicial Review: Waldron's Contribution to Political Positivism.Richard Stacey - 2010 - Oxford Journal of Legal Studies 30 (4):749-773.
    This article engages legal positivism conceived of as a political project rather than as a descriptive account of law. Jeremy Waldron’s ‘democratic jurisprudence’ represents such a politicized legal positivism—a normative argument for legal positivism rather than a non-normative claim that legal positivism is true. Unsurprisingly, the essential institutional elements of this democratic jurisprudence turn out to be the familiar features of classical legal positivism, and the case Waldron makes against judicial review grows out of his overarching political position. But, consequently, (...)
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  2. Popular sovereignty and revolutionary constitution-making.Richard Stacey - 2016 - In David Dyzenhaus & Malcolm Thorburn (eds.), Philosophical Foundations of Constitutional Law. Oxford University Press UK.
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    Public Law’s Cerberus: A Three-Headed Approach to Charter Rights-Limiting Administrative Decisions.Richard Stacey - 2024 - Canadian Journal of Law and Jurisprudence 37 (1):287-322.
    This article offers a theoretical and doctrinal solution to a vexing question in public law: how to determine the justifiability of Charter rights-limiting administrative decisions. The jurisprudence suggests three approaches, or modes of reasoning: minimal impairment analysis, ‘interest balancing’, and ‘values-advancing reasoning’. Like Cerberus, the guard dog of Hades, Canadian public law has become three-headed. While scholars and courts argue about which mode of reasoning is categorically best, the culture of justification compels us to ask instead which provides the most (...)
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