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Bradley W. Miller

Researcher at University of Western Ontario

Publications -  14
Citations -  139

Bradley W. Miller is an academic researcher from University of Western Ontario. The author has contributed to research in topics: Jurisprudence & Originalism. The author has an hindex of 6, co-authored 14 publications receiving 122 citations. Previous affiliations of Bradley W. Miller include Princeton University.

Papers
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MonographDOI

Proportionality and the Rule of Law: Rights, Justification, Reasoning

TL;DR: Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights as discussed by the authors.
Book ChapterDOI

The Challenge of Originalism: Theories of Constitutional Interpretation

TL;DR: In this paper, Goldsworthy discusses the evolution of contemporary originalism and the case for originalism in the case of the living tree and the intentionalist thesis, and the concept of the "living tree" (or non-locked-in) constitution.
Book

Legislated Rights: Securing Human Rights through Legislation

TL;DR: In this paper, the authors explore how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
Book ChapterDOI

Expounding the Constitution: Justification and Rights Limitations

TL;DR: In this article, the authors argue that there is no justification for the two-stage division between the definition of a legal right and determination of whether that right has been infringed in a particular instance, and that the infringement of a right is nevertheless ultimately justified.
Posted Content

Beguiled by Metaphors: The 'Living Tree' and Originalist Constitutional Interpretation in Canada

TL;DR: In this article, the authors make a statement of the current commitments in Canadian living tree constitutionalism and, in passing, note the Supreme Court's attitudes towards originalism, as a preliminary step towards a later study to determine the extent to which Canadian doctrine is truly incompatible with originalist interpretation.