The Constitution of Law

Legality in a Time of Emergency

David Dyzenhaus (University of Toronto)

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English

Cambridge University Pres
05 October 2006

Political science & theory; Law; Jurisprudence & philosophy of law; Constitutional & administrative law

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.

By: David Dyzenhaus (University of Toronto)
Imprint: Cambridge University Pres
Country of Publication: United Kingdom
Dimensions: Height: 217mm, Width: 151mm, Spine: 16mm
Weight: 420g
ISBN: 9780521677950
ISBN 10: 0521677955
Pages: 266
Publication Date: 05 October 2006
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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

Professor of Law and Philosophy at the University of Toronto.

Reviews for The Constitution of Law: Legality in a Time of Emergency

'... we need a sophisticated and not necessarily court-focused toolkit. And we also need to get rid of the philosophical and doctrinal skeletons that crowed our closets. David Dyzenhaus' excellent new book boosts our confidence in the significance of this pursuit - and does much badly needed housecleaning.' Criminal Law and Philosophy