The Unity of Public Law

Overview

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 ...
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Overview

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.
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Product Details

  • ISBN-13: 9781841134345
  • Publisher: Hart Publishing (UK)
  • Publication date: 3/1/2004
  • Pages: 520
  • Product dimensions: 6.14 (w) x 9.21 (h) x 1.13 (d)

Table of Contents

Preface and Acknowledgments
List of Contributors
Table of Cases
1 Baker: The Unity of Public Law? 1
2 Deference from Baker to Suresh and Beyond - Interpreting the Conflicting Signals 21
3 The Baker Effect: A New Interface Between the Canadian Charter of Rights and Freedoms and Administrative Law - The Case of Discretion 61
4 The Rule of Policy: Baker and the Impact of Judicial Review on Administrative Discretion 87
5 'Alert, alive and sensitive': Baker, the Duty to Give Reasons, and the Ethos of Justification in Canadian Public Law 113
6 The Internal Morality of Administration: The Form and Structure of Reasonableness 143
7 The State of Law's Borders and the Law of States' Borders 173
8 Refugees, Asylum Seekers, the Rule of Law and Human Rights 201
9 Judicial Review of Expulsion Decisions: Reflections on the UK Experience 225
10 Rights in the Balance: Non-Citizens and State Sovereignty Under the Charter 253
11 Common Law Reason and the Limits of Judicial Deference 289
12 Of Cocoons and Small 'c' Constitutionalism: The Principle of Legality and an Australian Perspective on Baker 307
13 Judicial Review, Intensity and Deference in EU Law 335
14 A Hesitant Embrace: Baker and the Application of International Law by Canadian Courts 357
15 Authority, Influence and Persuasion: Baker, Charter Values and the Puzzle of Method 389
16 The Common Law Constitution and Legal Cosmopolitanism 431
17 The Tub of Public Law 455
Bibliography 481
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