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Vol 22 No 9 Sept/Oct 2017

Book of the Month

Cover of Corruption and Misuse of Public Office

Corruption and Misuse of Public Office

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Bills of Rights in the Common Law


ISBN13: 9781107680630
Published: May 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £25.99
Hardback edition , ISBN13 9781107038530



Low stock.

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.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction
1. Against Bill of Rights exceptionalism
2. The common law, judging, and three Bills of Rights
3. Judicial review of legislation before Bills of Rights
4. Bills of Rights and other means of accessing judgment
5. Putting the strike-down in its place
6. Remedies from text to practice
7. Improving the system and engaging the legislature
8. Rethinking remedies and constitutional supremacy
Conclusion.

Series: Cambridge Studies in Constitutional Law

The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems ISBN 9781107056787
To be published March 2018
Cambridge University Press
£160.00
Vigilance and Restraint in the Common Law of Judicial Review ISBN 9781107190245
To be published February 2018
Cambridge University Press
£85.00
The Alchemists: Questioning Our Faith in Courts as Democracy-Builders ISBN 9781108417945
To be published November 2017
Cambridge University Press
£95.00
Australia's Constitution After Whitlam ISBN 9781107119468
Published April 2017
Cambridge University Press
£85.00
£75.00
Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law ISBN 9781107084285
Published September 2016
Cambridge University Press
£69.99
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107622487
Published October 2015
Cambridge University Press
£22.99
Reason of State: Law, Prerogative and Empire ISBN 9781107089891
Published July 2015
Cambridge University Press
£72.00
£26.99
Bills of Rights in the Common Law ISBN 9781107038530
Published May 2015
Cambridge University Press
£67.00
The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law
Edited by: Lars Vinx
ISBN 9781107092686
Published February 2015
Cambridge University Press
£67.00
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107625907
Published December 2013
Cambridge University Press
£25.99
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107038998
Published December 2013
Cambridge University Press
£67.00
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107044418
Published December 2013
Cambridge University Press
£62.00
£35.99
Proportionality and Constitutional Culture ISBN 9781107605718
Published June 2013
Cambridge University Press
£25.99
Proportionality and Constitutional Culture ISBN 9781107021860
Published June 2013
Cambridge University Press
£62.00
The Politics of Principle: The First South African Constitutional Court, 1995-2005 ISBN 9781107619067
Published March 2013
Cambridge University Press
£40.99
The Politics of Principle: The First South African Constitutional Court, 1995-2005 ISBN 9781107013643
Published March 2013
Cambridge University Press
£88.00
The New Commonwealth Model of Constitutionalism: Theory and Practice ISBN 9781107401990
Published January 2013
Cambridge University Press
£27.99
The New Commonwealth Model of Constitutionalism ISBN 9781107009288
Published January 2013
Cambridge University Press
£67.00
Searching for the State in British Legal Thought: Competing Conceptions of the Public Sphere ISBN 9781107022485
Published October 2012
Cambridge University Press
£72.00
Judging Social Rights ISBN 9781107400320
Published May 2012
Cambridge University Press
£30.99
Proportionality: Constitutional Rights and their Limitations ISBN 9781107008588
Published January 2012
Cambridge University Press
£82.00
Proportionality: Constitutional Rights and Their Limitations ISBN 9781107401198
Published January 2012
Cambridge University Press
£40.99
Parliamentary Sovereignty: Contemporary Debates ISBN 9780521140195
Published July 2010
Cambridge University Press
£30.99