Administrative / Constitutional Law

The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives

By David Dyzenhaus
Hart Publishing September 2020

Specifications

ISBN-13
9781509940264
Publisher
Hart Publishing
Publication
September 2020
Format
Paperback , 520 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

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.

Table of Contents

1. Introduction
Mark Elliott, Jason NE Varuhas and Shona Wilson Stark
2. The Unity of Public Law?
Dame Sian Elias
Part 1. Doctrinal and Theoretical Perspectives
3. Taxonomy and Public Law
Jason N.E. Varuhas
4. On Being Reasonably Proportionate
Audrey Macklin
5. Administrative Law: Characteristics, Legitimacy, Unity
Paul Daly
6. Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law
Roger Masterman and Se-shauna Wheatle
7. A Matter of Feel? Public Powers and Functions in South Africa
Cora Hoexter
8. Fault and Accountability in Public Law
Ellen Rock
9. Interpretive Presumptions Assessed against Legislators' Understanding
Hanna Wilberg
10. 'It All Depends on the Circumstances': The Decline of Doctrine on the Grounds and Intensity of Review
David Stratas
Part 2. Comparative Perspectives
11. The Globalisation of Public Law: A Quilting of Legalities
Robert French AC
12. Comparative Public Law in the UK Supreme Court
Robert Reed
13. Transplants in Public Law
Cheryl Saunders
14. Unity and Diversity in the United Kingdom's Territorial Constitution
Aileen McHarg
15. Moving Beyond the Constitutionalism/Democracy Dilemma: 'Commonwealth Model' Scholarship and the Fixation on Legislative Compliance
Claudia Geiringer
16. Vindicatory Damages for Violation of Constitutional Rights: A Comparative Approach
Johannes Chan
17. Decolonising Jurisprudence: Public Interest Standing in New Constitutional Orders
Elizabeth A. O'Loughlin
18. Constitutional Convergence? Some Lessons from Proportionality
Anne Carter
19. Jurisdictional Error: Do We Really Need It?
Janina Boughey and Lisa Burton Crawford

About the Author

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

Reviews

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

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