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The Ultimate Rule of Law

The Ultimate Rule of Law

Author: David M. Beatty
Publisher: Oxford University Press
ISBN: 9780199288014
Published In: July 2005
Format: Paperback , 212 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first volume to review extensively how judicial review of the protection of human rights is practised around the world
Provides practical information on winning arguments in major human rights cases on abortion, same sex marriage, and state funding of religious schools
Explains the legal principle that underlies the positive obligation of states to provide for the health, education, and welfare or their citizens

The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared.

Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty.

Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.

Readership: Scholars, and students in the fields of human rights, civil liberties and constitutional law.

1: The Forms and Limits of Constitutional Interpretation

2: Liberty

3: Equality

4: Fraternity

5: Proportionality

David M. Beatty, Professor of Law, University of Toronto