The Unity of Public Law

Table of Contents:
1. Baker: The Unity of Public Law? David Dyzenhaus 2. Deference from Baker to Suresh and Beyond-Interpreting the Conflicting Signals David Mullan 3. The Baker Effect: A New Interface Between the Canadian Charter of Rights and Freedoms and Administrative Law-The Case of Discretion Geneviève Cartier 4. The Rule of Policy: Baker and the Impact of Judicial Review on Administrative Discretion Lorne Sossin 5. 'Alert, alive and sensitive': Baker, the Duty to Give Reasons, and the Ethos of Justification in Canadian Public Law Mary Liston 6. The Internal Morality of Administration: The Form and Structure of Reasonableness Evan Fox-Decent 7. The State of Law's Borders and the Law of States' Borders Audrey Macklin 8. Refugees, Asylum Seekers, the Rule of Law and Human Rights Colin Harvey 9. Judicial Review of Expulsion Decisions: Reflections on the UK Experience Nicholas Blake QC 10. Rights in the Balance: Non-Citizens and State Sovereignty Under the Charter Ninette Kelley 11. Common Law Reason and the Limits of Judicial Deference Trevor Allan 12. Of Cocoons and Small 'c' Constitutionalism: The Principle of Legality and an Australian Perspective on Baker Margaret Allars 13. Judicial Review, Intensity and Deference in EU Law Paul Craig 14. A Hesitant Embrace: Baker and the Application of International Law by Canadian Courts Jutta Brunnée & Stephen J Toope 15. Authority, Influence and Persuasion: Baker, Charter Values and the Puzzle of Method Mayo Moran 16. The Common Law Constitution and Legal Cosmopolitanism Mark D Walters 17. The Tub of Public Law Michael Taggart

About the Author :
David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto.

Review :
Desire for an autonomous social life of law, a life that dares speak to the supreme power, and even arrest its exercise, has always animated the work of lawpersons, legal theorists especially among them. In this work, David Dyzenhaus and his eminent colleagues insist that this is a rational desire summoning the futures, or the fates, of the 'unity of public law'. The diversely framed disciplinary traditions fragments it through specialisms labelled variously as the constitutional, administrative, public international, and international human rights law. The idea of the 'unity of public law' is expressed here at many levels. Professor David Dyzenhaushas edited this superlative work, consisting of 17 finely-tuned essays, by as many renowned contributorsThis collection of essays is suffused with comparative law and it resonates with integrated analysis, poise and erudition. It ought to be required reading for all Judges and senior public officials. …the book is a celebration, of common law philosophy, flexibility and durability…a collection of uniformly well-written and informative essays…