Bills of Rights in the Common Law

Robert Leckey (McGill University, Montreal)

Bills of Rights in the Common Law
Format
Hardback
Publisher
Cambridge University Press
Country
United Kingdom
Published
7 May 2015
Pages
258
ISBN
9781107038530

Bills of Rights in the Common Law

Robert Leckey (McGill University, Montreal)

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.

This item is not currently in-stock. It can be ordered online and is expected to ship in approx 2 weeks

Our stock data is updated periodically, and availability may change throughout the day for in-demand items. Please call the relevant shop for the most current stock information. Prices are subject to change without notice.

Sign in or become a Readings Member to add this title to a wishlist.