Bills of Rights in the Common Law
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About the Book
"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"--
Book Details
ISBN-13: 9781107680630
Publisher: Cambridge Univ Pr
Acedemic Level: English
Bood Data Readership Text: Professional & Vocational
Continuations: English
Depth: 19
Gardner Classification Code: ZZZ
Language: English
MediaMail: Y
Pagination: 256 pages
Returnable: Y
Spine Width: 15 mm
Width: 152 mm
ISBN-10: 1107680638
Publisher Date: 05/05/2015
Binding: PAPERBACK
Book Type: English
Country Of Origin: United Kingdom
Dewey: 342.085
Height: 229 mm
LCCN: 2014046698
No of Pages: 237
PrintOnDemand: N
Series Title: Cambridge Studies in Constitutional Law
Star Rating: 1
Year Of Publication: 2015