Product Description
Bills of Rights in the Common Law
This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.
Robert Leckey (Author)
9781107680630, Cambridge University Press
Paperback, published 5 May 2015
256 pages
22.9 x 15.2 x 1.4 cm, 0.39 kg
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problema]
Bills of Rights in the Common Law Leckey Paperback Cambridge University Press
Bills of Rights in the Common Law
This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.
Robert Leckey (Author)
9781107680630, Cambridge University Press
Paperback, published 5 May 2015
256 pages
22.9 x 15.2 x 1.4 cm, 0.39 kg
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problema]
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