Principled reasoning in human rights adjudication / Se-shauna Wheatle.

Format:

Book

Author/Creator:

Wheatle, Se-shauna, 1985- author.

Series:

Hart studies in comparative public law.

Hart studies in comparative public law ; v. 15

Language:

English

Subjects (All):

Constitutional law.

Human rights.

Justice, Administration of.

Rule of law.

Separation of powers.

Physical Description:

1 online resource (251 pages).

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017.

Summary:

Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles

Contents:

Implied principles and constitutionalism

Judicial conceptions of the rule of law

Applications of the separation of powers

Implied principles as interpretative aids

Implied principles as grounds for invalidating legislation

Implied principles as gateways to comparative law

The legitimacy of reliance on implied constitutional principles in fundamental rights adjudication.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781782259848

1782259848

9781782259831

178225983X

9781782259824

1782259821

OCLC:

971021222