The Constitution of Law
Legality in a Time of Emergency
By (author) David Dyzenhaus
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Constitution of Law by David Dyzenhaus
Book DescriptionDyzenhaus 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.
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Book DetailsISBN: 9780521677950
(228mm x 152mm x 14mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 5-Oct-2006
Country of Publication: United Kingdom
Books By Author David Dyzenhaus
Law, Liberty and State, Paperback (February 2017)
This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.
Philosophical Foundations of Constitutional Law, Hardback (February 2016)
A collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.
Hobbes and the Law, Paperback (November 2014)
A collection of essays devoted to the legal thought of Thomas Hobbes, arguably the greatest political philosopher to write in English.
Hard Cases in Wicked Legal Systems, Hardback (February 2010)» View all books by David Dyzenhaus
This influential book makes sense of abstract debates about the nature of law and the rule of law by situating them in the real-world context of apartheid-era South Africa. The new edition examines the transformation in South Africa since the end of apartheid, and the shift in debates surrounding the rule of law post 9/11.
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Author Biography - David Dyzenhaus
Professor of Law and Philosophy at the University of Toronto.
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