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Vol 24 No 5 May/June 2019

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The Unity of Public Law

ISBN13: 9781841134345
ISBN: 1841134341
Published: March 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

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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.

Constitutional and Administrative Law
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