THE SUPREME COURT AND THE BILL OF RIGHTS - THE LESSONS OF COMPARATIVE JURISPRUDENCE

Abstract

Having accurately anticipated the form that a proposed Bill of Rights will take as well as the machinery of implementation, the author anticipates the content of a Bill of Rights from a natural law perspective. He explores the difficulties of codification, examines the role the judiciary will play in its implementation and predicts the general direction of the Bill based on judicial interpretation and individual philosophical attitudes and outlooks of the judiciary. He considers interpretative possibilities based on the judicial restraint perspective and the judicial activist perspective, and examines the arguments for both. He advocates a balancing of positions in order to advance clear policy solutions.