The Unity of Public LawDavid Dyzenhaus Hart Publishing, 2004 - 496 pages 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
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1841134341_02 | 21 |
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Common terms and phrases
administrative law Ahani application approach argued argument Article asylum Baker binding Canada Minister Canadian administrative law Canadian courts Chiarelli Citizenship and Immigration common law consideration constitutional context Convention cosmopolitan Court of Appeal decision decision-maker deference deportation determination discretion discretionary domestic law duty to give Dyzenhaus European executive exercise fact factors fundamental justice fundamental values give reasons guidelines Home Department Home Secretary humanitarian and compassionate Iacobucci Ibid individual influential authority international law issue ius gentium judges judgment judicial review jurisdiction L'Heureux-Dubé Law Journal legislative Lord Minister of Citizenship national security non-citizens norms obligations Oxford patent unreasonableness pragmatic and functional principles privative clause procedural fairness protection Public Law question ratified refugee relevant role rule of law Secretary separation of powers soft law standard of review statute statutory interpretation substantive Supreme Court Suresh Teoh tion tional torture treaty tribunal