The constitution of law : legality in a time of emergency
by
 
Dyzenhaus, David.

Title
The constitution of law : legality in a time of emergency

Author
Dyzenhaus, David.

ISBN
9780521860758
 
9780521677950

Personal Author
Dyzenhaus, David.

Publication Information
Cambridge : Cambridge University Press, c2006.

Physical Description
xv, 250 p. ; 24 cm.

General Note
Includes index.

Contents
1. Legality in a time of emergency -- 2. Constituting the legislature -- 3. Taking the administrative state seriously -- 4. The unity of public law

Abstract
"Professor Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive."--BOOK JACKET.

Subject Term
War and emergency legislation.
 
Rule of law.


LibraryMaterial TypeItem BarcodeShelf NumberCopy
IIEMSAGeneral Books33168025779766342.062 D998C 20061