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The Unity of Public Law - David Dyzenhaus

The Unity of Public Law

By: David Dyzenhaus (Editor)

Hardcover Published: 17th March 2004
ISBN: 9781841134345
Number Of Pages: 520

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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.

Desire for an autonomous social life of law, a life that dares speak to the supreme power, and even arrest its exercise, has always animated the work of lawpersons, legal theorists especially among them. In this work, David Dyzenhaus and his eminent colleagues insist that this is a rational desire summoning the futures, or the fates, of the 'unity of public law'. The diversely framed disciplinary traditions fragments it through specialisms labelled variously as the constitutional, administrative, public international, and international human rights law. The idea of the 'unity of public law' is expressed here at many levels. Upendra Baxi The Law and Politics Book Review November 2004 Professor David Dyzenhaushas edited this superlative work, consisting of 17 finely-tuned essays, by as many renowned contributorsThis collection of essays is suffused with comparative law and it resonates with integrated analysis, poise and erudition. It ought to be required reading for all Judges and senior public officials. Gerard McCoy New Zealand Law Journal December 2004 ...the book is a celebration, of common law philosophy, flexibility and durability...a collection of uniformly well-written and informative essays... Patrick Birkinshaw Oxford University Commonwealth Law Journal vol.4 no.2 winter 2004

Preface and Acknowledgments
List of Contributors
Table of Cases
Baker: The Unity of Public Law?p. 1
Deference from Baker to Suresh and Beyond - Interpreting the Conflicting Signalsp. 21
The Baker Effect: A New Interface Between the Canadian Charter of Rights and Freedoms and Administrative Law - The Case of Discretionp. 61
The Rule of Policy: Baker and the Impact of Judicial Review on Administrative Discretionp. 87
'Alert, alive and sensitive': Baker, the Duty to Give Reasons, and the Ethos of Justification in Canadian Public Lawp. 113
The Internal Morality of Administration: The Form and Structure of Reasonablenessp. 143
The State of Law's Borders and the Law of States' Bordersp. 173
Refugees, Asylum Seekers, the Rule of Law and Human Rightsp. 201
Judicial Review of Expulsion Decisions: Reflections on the UK Experiencep. 225
Rights in the Balance: Non-Citizens and State Sovereignty Under the Charterp. 253
Common Law Reason and the Limits of Judicial Deferencep. 289
Of Cocoons and Small 'c' Constitutionalism: The Principle of Legality and an Australian Perspective on Bakerp. 307
Judicial Review, Intensity and Deference in EU Lawp. 335
A Hesitant Embrace: Baker and the Application of International Law by Canadian Courtsp. 357
Authority, Influence and Persuasion: Baker, Charter Values and the Puzzle of Methodp. 389
The Common Law Constitution and Legal Cosmopolitanismp. 431
The Tub of Public Lawp. 455
Bibliographyp. 481
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841134345
ISBN-10: 1841134341
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 520
Published: 17th March 2004
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 2.8
Weight (kg): 0.89
Edition Number: 1