The Constitution of Law: Legality in a Time of Emergency by David Dyzenhaus | 9780521860758 | Hardcover | Barnes & Noble
The Constitution of Law: Legality in a Time of Emergency

The Constitution of Law: Legality in a Time of Emergency

by David Dyzenhaus
     
 

ISBN-10: 052186075X

ISBN-13: 9780521860758

Pub. Date: 10/31/2006

Publisher: Cambridge University Press

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an

Overview

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

Product Details

ISBN-13:
9780521860758
Publisher:
Cambridge University Press
Publication date:
10/31/2006
Edition description:
First Edition
Pages:
268
Product dimensions:
5.98(w) x 8.98(h) x 0.75(d)

Table of Contents

1. Legality in a time of emergency; 2. Constituting the legislature; 3. Taking the administrative state seriously; 4. The unity of public law; Bibliography.

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