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The Unity of Public Law Book

The Unity of Public Law
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. Th, The Unity of Public Law has a rating of 3 stars
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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. Th, The Unity of Public Law
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  • The Unity of Public Law
  • Written by author David Dyzenhaus
  • Published by Hart Publishing (UK), March 2004
  • 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. Th
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Authors

Preface and Acknowledgments
List of Contributors
Table of Cases
1Baker: The Unity of Public Law?1
2Deference from Baker to Suresh and Beyond - Interpreting the Conflicting Signals21
3The Baker Effect: A New Interface Between the Canadian Charter of Rights and Freedoms and Administrative Law - The Case of Discretion61
4The Rule of Policy: Baker and the Impact of Judicial Review on Administrative Discretion87
5'Alert, alive and sensitive': Baker, the Duty to Give Reasons, and the Ethos of Justification in Canadian Public Law113
6The Internal Morality of Administration: The Form and Structure of Reasonableness143
7The State of Law's Borders and the Law of States' Borders173
8Refugees, Asylum Seekers, the Rule of Law and Human Rights201
9Judicial Review of Expulsion Decisions: Reflections on the UK Experience225
10Rights in the Balance: Non-Citizens and State Sovereignty Under the Charter253
11Common Law Reason and the Limits of Judicial Deference289
12Of Cocoons and Small 'c' Constitutionalism: The Principle of Legality and an Australian Perspective on Baker307
13Judicial Review, Intensity and Deference in EU Law335
14A Hesitant Embrace: Baker and the Application of International Law by Canadian Courts357
15Authority, Influence and Persuasion: Baker, Charter Values and the Puzzle of Method389
16The Common Law Constitution and Legal Cosmopolitanism431
17The Tub of Public Law455
Bibliography481


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