Principled reasoning in human rights adjudication /
Wheatle, Se-shauna, 1985-
Principled reasoning in human rights adjudication / Se-shauna Wheatle. - Oxford ; $a Portland, Oregon : Hart Publishing, 2017 - xvi, 233 pages ; 24 cm. - Hart studies in comparative public law ; volume 15 . - Hart studies in comparative public law ; v. 15. .
Includes bibliographical references (pages 213-222) and index.
Introduction : the doctrinal and institutional context -- Implied principles and constitutionalism -- Judicial conceptions of the rule of law -- Applications of the separation of powers -- Implied principles as interpretative aids -- Implied principles as grounds for invalidating legislation -- Implied principles as gateways to comparative law -- The legitimacy of reliance on implied constitutional principles in fundamental rights adjudication -- Conclusion.
"Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles."
9781782259817 1782259813
2017003841
GBB718826 bnb
018215756 Uk
Human rights.
Rule of law.
Separation of powers.
Constitutional law.
Justice, Administration of.
Constitutional law.
Human rights.
Justice, Administration of.
Rule of law.
Separation of powers.
K3240 / .W44 2017
342.08/5
Principled reasoning in human rights adjudication / Se-shauna Wheatle. - Oxford ; $a Portland, Oregon : Hart Publishing, 2017 - xvi, 233 pages ; 24 cm. - Hart studies in comparative public law ; volume 15 . - Hart studies in comparative public law ; v. 15. .
Includes bibliographical references (pages 213-222) and index.
Introduction : the doctrinal and institutional context -- Implied principles and constitutionalism -- Judicial conceptions of the rule of law -- Applications of the separation of powers -- Implied principles as interpretative aids -- Implied principles as grounds for invalidating legislation -- Implied principles as gateways to comparative law -- The legitimacy of reliance on implied constitutional principles in fundamental rights adjudication -- Conclusion.
"Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles."
9781782259817 1782259813
2017003841
GBB718826 bnb
018215756 Uk
Human rights.
Rule of law.
Separation of powers.
Constitutional law.
Justice, Administration of.
Constitutional law.
Human rights.
Justice, Administration of.
Rule of law.
Separation of powers.
K3240 / .W44 2017
342.08/5