The Unity of Public Law
Hart Publishing, 2004 - Law - 496 pages
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. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.
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accorded action administrative law analysis appeal application approach appropriate argued argument authority Baker basis binding Canada Canadian challenge Charter claim common law conception concerns conclusion consideration considered constitutional context Convention decision decision-maker deference deportation determination discretion discretionary discussion domestic duty effect evidence executive exercise expressed fact factors fairness fundamental give given grounds held Home human rights Immigration important individual interests international law interpretation involved issue judges judgment judicial review jurisdiction justice justify L’Heureux-Dubé legislative less limited Lord majority matter meaning Minister nature norms obligations officer para particular person political principles procedural protection question reasons reference refugee regard relation relevant respect result role rule of law Secretary seems sources standard statute statutory statutory interpretation substantive suggests Supreme Court tion traditional treaty University unreasonableness values weight