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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.
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The Constitution of Law: Legality in a Time of Emergency
October 23, 2006, Cambridge University Press
Paperback
in English
- 1 edition
0521677955 9780521677950
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The Constitution of Law: Legality in a Time of Emergency
October 23, 2006, Cambridge University Press
Hardcover
in English
- 1 edition
052186075X 9780521860758
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The constitution of law: legality in a time of emergency
2006, Cambridge University Press
in English
052186075X 9780521860758
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Book Details
Table of Contents
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Includes bibliographical references (p. 234-241) and index.
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