The Unity of Public Law?: Doctrinal, Theoretical and Comparative Perspectives

ISBN-13: 9781509915187 / Angielski / Twarda / 2018 / 472 str.

Mark Elliott; Jason Ne Varuhas; Shona Wilson Stark

Opis

This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including the Chief Justices of Australia and New Zealand and appellate judges from Canada and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

Spis treści

1. Introduction Mark Elliott, Jason NE Varuhas and Shona Wilson Stark 2. The Unity of Public Law? Dame Sian Elias Part 1. Doctrinal and Theoretical Perspectives 3. Taxonomy and Public Law Jason NE Varuhas 4. On Being Reasonably Proportionate Audrey Macklin 5. Administrative Law: Characteristics, Legitimacy, Unity Paul Daly 6. Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law Roger Masterman and Se-shauna Wheatle 7. A Matter of Feel? Public Powers and Functions in South Africa Cora Hoexter 8. Fault and Accountability in Public Law Ellen Rock 9. Interpretive Presumptions Assessed against Legislators’ Understanding Hanna Wilberg 10. ‘It All Depends on the Circumstances’: The Decline of Doctrine on the Grounds and Intensity of Review David Stratas Part 2. Comparative Perspectives 11. The Globalisation of Public Law: A Quilting of Legalities Robert French AC 12. Comparative Public Law in the UK Supreme Court Robert Reed 13. Transplants in Public Law Cheryl Saunders 14. Unity and Diversity in the United Kingdom’s Territorial Constitution Aileen McHarg 15. Moving Beyond the Constitutionalism/Democracy Dilemma: ‘Commonwealth Model’ Scholarship and the Fixation on Legislative Compliance Claudia Geiringer 16. Vindicatory Damages for Violation of Constitutional Rights: A Comparative Approach Johannes Chan 17. Decolonising Jurisprudence: Public Interest Standing in New Constitutional Orders Elizabeth A O’Loughlin 18. Constitutional Convergence? Some Lessons from Proportionality Anne Carter 19. Jurisdictional Error: Do We Really Need It? Janina Boughey and Lisa Burton Crawford