Introduction

Wilfrid Joseph Waluchow (or W.J. Waluchow) is one of the most important legal philosophers of our time. His insightful and original scholarship, expressed especially in his books Inclusive Legal Positivism (1994) and A Common Law Theory of Judicial Review: The Living Tree (2007), developed a powerful approach to legal and constitutional practice, shedding light on the theoretical commitments of legal positivism and the tension between fundamental rights and democracy in contemporary societies. Under the influence of H.L.A. Hart’s jurisprudence, Professor Waluchow understands philosophy of law as an inquiry on how to understand, based on conceptual analysis, the implicit commitments that we undertake as participants of legal practice in constitutional communities.