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Douglas E Edlin

Biographic Data

ID5696017
NAMEDouglas E Edlin
GIVEN NAMESDouglas E
FAMILY NAMEEdlin
SIGNATUREEDLIN D E
AFFILIATIONSDickinson College
ORCID0000-0001-5379-2548
VERIFIEDYes
TOTAL WORKS6
TOTAL CITATIONS0
WORKS AS AUTHOR6
WORKS AS EDITOR0
FIRST PUBLICATION YEAR2002
LATEST PUBLICATION YEAR2016
H-INDEX0
  • The Rule of Recognition and the Rule of Law

    Douglas E Edlin•ARTICLE•The American Journal of…•2016

    As the ultimate rule of a legal system, a rule of recognition is sometimes viewed as the equivalent of a nation’s constitution. Theoretically and operatively, however, constitutions and rules of recognition are not, and cannot be, the same thing. By employing departmentalism—the theory that each branch of government has the authority to interpret its national constitution for itself—as a challenge to the respective rules of recognition in the Uni…

  • A Constitutional Right to Judicial Review

    Douglas E Edlin, Douglas Edlin•ARTICLE•The American Journal of…•2009

    This Article examines legislative attempts to preclude judicial review through statutory provisions that purport to strip courts of their jurisdiction. At bottom, these “ouster clauses” raise serious questions about relationships among organs of government, judicial independence, and constitutionalism. By contrasting the basic principle of English constitutional law, parliamentary sovereignty, with a fundamental structural feature of the American…

  • Common Law Theory

    Open Access•Douglas E Edlin•BOOK•Common Law Theory•2007

    In this book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within …

  • Judicial Review without a Constitution

    Open Access•Douglas E Edlin•ARTICLE•Polity•2006

    In the United States, judicial review is understood, since Marbury v. Madison (1803), as judicial evaluation of government action to ensure compliance with the Constitution. But before and after Marbury, state and federal courts developed and practiced a form of judicial review in which common law principles, along with or instead of a canonical document, were the foundational body of legal doctrine against which public actions were assessed. Thi…

  • From Ambiguity to Legality

    Douglas E Edlin•ARTICLE•The American Journal of…•2004

    The orthodox understanding of parliamentary sovereignty holds that English courts cannot review the constitutionality of parliamentary enactments. According to this view of English judicial authority, called the ultra vires doctrine, the courts may only review administrative actions to ensure that the agency acts in accordance with the authority delegated to it by Parliament. In doing so, the courts effectuate Parliament's implicit intention neve…

  • Rule Britannia

    Douglas E Edlin, Jeffrey Goldsworthy•ARTICLE•University of Toronto Law Journal•2002

No prominent works on this page.

  • Rule Britannia

    Douglas E Edlin, Jeffrey Goldsworthy•ARTICLE•University of Toronto Law Journal•2002

  • From Ambiguity to Legality

    Douglas E Edlin•ARTICLE•The American Journal of…•2004

    The orthodox understanding of parliamentary sovereignty holds that English courts cannot review the constitutionality of parliamentary enactments. According to this view of English judicial authority, called the ultra vires doctrine, the courts may only review administrative actions to ensure that the agency acts in accordance with the authority delegated to it by Parliament. In doing so, the courts effectuate Parliament's implicit intention neve…

  • Judicial Review without a Constitution

    Open Access•Douglas E Edlin•ARTICLE•Polity•2006

    In the United States, judicial review is understood, since Marbury v. Madison (1803), as judicial evaluation of government action to ensure compliance with the Constitution. But before and after Marbury, state and federal courts developed and practiced a form of judicial review in which common law principles, along with or instead of a canonical document, were the foundational body of legal doctrine against which public actions were assessed. Thi…

  • Common Law Theory

    Open Access•Douglas E Edlin•BOOK•Common Law Theory•2007

    In this book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within …

  • A Constitutional Right to Judicial Review

    Douglas E Edlin, Douglas Edlin•ARTICLE•The American Journal of…•2009

    This Article examines legislative attempts to preclude judicial review through statutory provisions that purport to strip courts of their jurisdiction. At bottom, these “ouster clauses” raise serious questions about relationships among organs of government, judicial independence, and constitutionalism. By contrasting the basic principle of English constitutional law, parliamentary sovereignty, with a fundamental structural feature of the American…

  • The Rule of Recognition and the Rule of Law

    Douglas E Edlin•ARTICLE•The American Journal of…•2016

    As the ultimate rule of a legal system, a rule of recognition is sometimes viewed as the equivalent of a nation’s constitution. Theoretically and operatively, however, constitutions and rules of recognition are not, and cannot be, the same thing. By employing departmentalism—the theory that each branch of government has the authority to interpret its national constitution for itself—as a challenge to the respective rules of recognition in the Uni…

Political science (6 works) · Judicial and Constitutional Studies (5 works) · Law (5 works) · Politics (5 works) · Constitution (4 works) · Constitutionalism (3 works) · Democracy (3 works) · Judicial review (3 works) · Parliamentary sovereignty (3 works) · American Constitutional Law and Politics (2 works)

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