Bills of Rights in the Common Law

This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.

List of contents

Introduction; 1. Against Bill of Rights exceptionalism; 2. The common law, judging, and three Bills of Rights; 3. Judicial review of legislation before Bills of Rights; 4. Bills of Rights and other means of accessing judgment; 5. Putting the strike-down in its place; 6. Remedies from text to practice; 7. Improving the system and engaging the legislature; 8. Rethinking remedies and constitutional supremacy; Conclusion.

About the author

Robert Leckey is an associate professor and William Dawson Scholar in the Faculty of Law and director of the Paul-André Crépeau Centre for Private and Comparative Law at McGill University, where he researches in comparative law, constitutional law and family law.

Summary

Arguing that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate, Robert Leckey provides a detailed comparative account of how judges apply new bills of rights in Canada, South Africa and the United Kingdom, and how their practices deny justice to individuals.

Product details

• Authors: Robert Leckey, Robert (Mcgill University Leckey
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 05.05.2015
• EAN: 9781107680630
• ISBN: 978-1-107-68063-0
• No. of pages: 256
• Series: Cambridge Studies in Constitutional Law; Cambridge Studies in Constitutional Law; Cambridge Studies in Constitut
• Subjects: Education and learning > Adult education/adult education classes; Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law