The unity of public law edited by David Dyzenhaus.

Format:

Book

Contributor:

Dyzenhaus, David, editor.

Language:

English

Subjects (All):

Public law--Canada.

Public law.

Physical Description:

1 online resource (xxii, 496 pages)

Edition:

First edition.

Other Title:

Public law

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2004.

Language Note:

English

Summary:

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

Contents:

Baker : the unity of public law? / David Dyzenhaus

Deference from Baker to Suresh and beyond - interpreting the conflicting signals / David Mullan

The Baker effect : a new interface between the Canadian Charter of Rights and Freedoms and administrative law - the case of discretion / Geneviève Cartier

The rule of policy : Baker and the impact of judicial review on administrative discretion / Lorne Sossin

'Alert, alive and sensitive' : Baker, the duty to give reasons, and the ethos of justification in Canadian public law / Mary Liston

The internal morality of administration : the form and structure of reasonableness / Evan Fox-Decent

The state of law's borders and the law of states' borders / Audrey Macklin

Refugees, asylum seekers, the rule of law and human rights / Colin Harvey

Judicial review of expulsion decisions : reflections on the UK experience / Nicholas Blake QC

Rights in the balance : non-citizens and state sovereignty under the Charter / Ninette Kelley

Common law reason and the limits of judicial deference / Trevor Allan

Of cocoons and small 'c' constitutionalism : the principle of legality and an Australian perspective on Baker / Margaret Allars

Judicial review, intensity and deference in EU law / Paul Craig

A hesitant embrace : Baker and the application of international law by Canadian courts / Jutta Brunnée & Stephen J. Toope

Authority, influence and persuasion : Baker, Charter values and the puzzle of method / Mayo Moran

The common law constitution and legal cosmopolitanism/ Mark D. Walters

The tub of public law / Michael Taggart

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 QC

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

Notes:

Includes bibliographical references (pages [481]-496)

ISBN:

9786610807901

9781472559555

147255955X

9781280807909

1280807903

9781847310460

184731046X

OCLC:

476005698