Constitution of Law - Legality in a Time of Emergency

Informationen zum Autor Professor of Law and Philosophy at the University of Toronto. Klappentext 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. Zusammenfassung 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. Inhaltsverzeichnis 1. Legality in a time of emergency; 2. Constituting the legislature; 3. Taking the administrative state seriously; 4. The unity of public law; Bibliography.

Product details

• Authors: David Dyzenhaus, David (University of Toronto) Dyzenhaus, Dyzenhaus David
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 05.10.2006
• EAN: 9780521860758
• ISBN: 978-0-521-86075-8
• No. of pages: 268
• Subjects: Social sciences, law, business > Law > International law, foreign law; POLITICAL SCIENCE / History & Theory, LAW / Constitutional, Political science & theory, Political science and theory, Constitutional & administrative law, Constitutional and administrative law: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law