The Constitution of Law: Legality in a Time of Emergency

ISBN-13: 9780521677950 / Angielski / Miękka / 2006 / 268 str.

David Dyzenhaus

Opis

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.

Recenzje

'… we need a sophisticated and not necessarily court-focused toolkit. And we also need to get rid of the philosophical and doctrinal skeletons that crowed our closets. David Dyzenhaus' excellent new book boosts our confidence in the significance of this pursuit - and does much badly needed housecleaning.' Criminal Law and Philosophy

Spis treści

1. Legality in a time of emergency; 2. Constituting the legislature; 3. Taking the administrative state seriously; 4. The unity of public law; Bibliography.