Bills of rights in the common law

Resource Information

The work Bills of rights in the common law represents a distinct intellectual or artistic creation found in Biddle Law Library. This resource is a combination of several types including: Work, Language Material, Books.

Label

Bills of rights in the common law

Statement of responsibility

Robert Leckey

Creator

• Leckey, Robert

Author

• Leckey, Robert

Subject

• Common law
• Common law
• Civil rights -- Commonwealth countries
• Commonwealth countries
• Civil rights

Language

eng

Summary

• "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"--
• "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"--

Member of

• Cambridge studies in constitutional law

Assigning source

• Provided by publisher
• Provided by publisher

Cataloging source

DLC

Index

index present

Literary form

non fiction

Nature of contents

bibliography

Series statement

Cambridge studies in constitutional law