The Unity of Public Law (eBook, PDF)

Redaktion: Dyzenhaus, David

• Format: PDF

Produktbeschreibung

This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution, the written constitution and public international law. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 520
• Erscheinungstermin: 17. März 2004
• Englisch
• ISBN-13: 9781847310460
• Artikelnr.: 52965676

Autorenporträt

David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto.

Inhaltsangabe

1. Baker: The Unity of Public Law? David Dyzenhaus 2. Deference from Baker
to Suresh and Beyond-Interpreting the Conflicting Signals David Mullan 3.
The Baker Effect: A New Interface Between the Canadian Charter of Rights
and Freedoms and Administrative Law-The Case of Discretion Geneviève
Cartier 4. The Rule of Policy: Baker and the Impact of Judicial Review on
Administrative Discretion Lorne Sossin 5. 'Alert, alive and sensitive':
Baker, the Duty to Give Reasons, and the Ethos of Justification in Canadian
Public Law Mary Liston 6. The Internal Morality of Administration: The Form
and Structure of Reasonableness Evan Fox-Decent 7. The State of Law's
Borders and the Law of States' Borders Audrey Macklin 8. Refugees, Asylum
Seekers, the Rule of Law and Human Rights Colin Harvey 9. Judicial Review
of Expulsion Decisions: Reflections on the UK Experience Nicholas Blake KC
10. Rights in the Balance: Non-Citizens and State Sovereignty Under the
Charter Ninette Kelley 11. Common Law Reason and the Limits of Judicial
Deference Trevor Allan 12. Of Cocoons and Small 'c' Constitutionalism: The
Principle of Legality and an Australian Perspective on Baker Margaret
Allars 13. Judicial Review, Intensity and Deference in EU Law Paul Craig
14. A Hesitant Embrace: Baker and the Application of International Law by
Canadian Courts Jutta Brunnée & Stephen J Toope 15. Authority, Influence
and Persuasion: Baker, Charter Values and the Puzzle of Method Mayo Moran
16. The Common Law Constitution and Legal Cosmopolitanism Mark D Walters
17. The Tub of Public Law Michael Taggart