The Unity of Public Law

Description

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.

David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto.

Desire for an autonomous social life of law, a life that dares speak to the supreme power, and even arrest its exercise, has always animated the work of lawpersons, legal theorists especially among them. In this work, David Dyzenhaus and his eminent colleagues insist that this is a rational desire summoning the futures, or the fates, of the 'unity of public law'. The diversely framed disciplinary traditions fragments it through specialisms labelled variously as the constitutional, administrative, public international, and international human rights law. The idea of the 'unity of public law' is expressed here at many levels. -- Upendra Baxi * The Law and Politics Book Review * Professor David Dyzenhaushas edited this superlative work, consisting of 17 finely-tuned essays, by as many renowned contributorsThis collection of essays is suffused with comparative law and it resonates with integrated analysis, poise and erudition. It ought to be required reading for all Judges and senior public officials. -- Gerard McCoy * New Zealand Law Journal * ...the book is a celebration, of common law philosophy, flexibility and durability...a collection of uniformly well-written and informative essays... -- Patrick Birkinshaw * Oxford University Commonwealth Law Journal, vol.4 no.2 *