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Bills of Rights in the Common Law

Bills of Rights in the Common Law

Name: Bills of Rights in the Common Law
Brand: Cambridge University Press
SKU: 9781107038530
Price: 1311.44 HKD
Availability: InStock
Author: Robert Leckey
ISBN: 9781107038530

By Robert Leckey

Cambridge University Press May 2015

Specifications

ISBN-13: 9781107038530
Publisher: Cambridge University Press
Publication: May 2015
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.

Introduction

1. Against Bill of Rights exceptionalism

2. The common law, judging, and three Bills of Rights

3. Judicial review of legislation before Bills of Rights

4. Bills of Rights and other means of accessing judgment

5. Putting the strike-down in its place

6. Remedies from text to practice

7. Improving the system and engaging the legislature

8. Rethinking remedies and constitutional supremacy

Conclusion.

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