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The Unity of Public Law

Editor(s): David Dyzenhaus
Media of The Unity of Public Law
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Published: 17-03-2004
Format: PDF eBook (?)
Edition: 1st
Extent: 520
ISBN: 9781847310460
Imprint: Hart Publishing
RRP: £72.00
Online price : £57.60
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About The Unity of Public Law

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.

Table Of Contents

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


“Desire for an autonomous social life of law, a life that dares speak to the supreme power, and even arrest its exercise, has always animated the work of lawpersons, legal theorists especially among them. In this work, David Dyzenhaus and his eminent colleagues insist that this is a rational desire summoning the futures, or the fates, of the 'unity of public law'. The diversely framed disciplinary traditions fragments it through specialisms labelled variously as the constitutional, administrative, public international, and international human rights law. The idea of the 'unity of public law' is expressed here at many levels.” –  Upendra Baxi, The Law and Politics Book Review

“Professor David Dyzenhaushas edited this superlative work, consisting of 17 finely-tuned essays, by as many renowned contributorsThis collection of essays is suffused with comparative law and it resonates with integrated analysis, poise and erudition. It ought to be required reading for all Judges and senior public officials.” –  Gerard McCoy, New Zealand Law Journal

“…the book is a celebration, of common law philosophy, flexibility and durability…a collection of uniformly well-written and informative essays…” –  Patrick Birkinshaw, Oxford University Commonwealth Law Journal, vol.4 no.2

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