Bills of Rights in the Common Law

Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.

Info autore

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.

Riassunto

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.

Dettagli sul prodotto

• Autori: Robert Leckey, Robert (Mcgill University Leckey, Leckey Robert
• Editore: Cambridge University Press ELT
• Lingue: Inglese
• Contenuto: Libro
• Forma del prodotto: Tascabile
• Data pubblicazione: 05.05.2015
• Categoria: Libri scolastici > Corsi per adulti / università popolare; Scienze sociali, diritto, economia > Diritto > Diritto pubblico, amministrativo, costituzionale
• EAN: 9781107680630
• ISBN: 978-1-107-68063-0
• Numero di pagine: 256
• Serie: Cambridge Studies in Constitutional Law; Cambridge Studies in Constitutional Law; Cambridge Studies in Constitut
• Categorie: LAW / Constitutional; LAW / Comparative; comparative law; Constitutional & administrative law; Constitutional and administrative law: general