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Bills of Rights in the Common Law Robert Leckey (McGill University, Montreal)

Bills of Rights in the Common Law By Robert Leckey (McGill University, Montreal)

Bills of Rights in the Common Law by Robert Leckey (McGill University, Montreal)


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Summary

Arguing that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate, Robert Leckey provides a detailed comparative account of how judges apply new bills of rights in Canada, South Africa and the United Kingdom, and how their practices deny justice to individuals.

Bills of Rights in the Common Law Summary

Bills of Rights in the Common Law by Robert Leckey (McGill University, Montreal)

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 problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.

About Robert Leckey (McGill University, Montreal)

Robert Leckey is an associate professor and William Dawson Scholar in the Faculty of Law and director of the Paul-Andre Crepeau Centre for Private and Comparative Law at McGill University, where he researches in comparative law, constitutional law and family law.

Table of Contents

Introduction; 1. Against Bill of Rights exceptionalism; 2. The common law, judging, and three Bills of Rights; 3. Judicial review of legislation before Bills of Rights; 4. Bills of Rights and other means of accessing judgment; 5. Putting the strike-down in its place; 6. Remedies from text to practice; 7. Improving the system and engaging the legislature; 8. Rethinking remedies and constitutional supremacy; Conclusion.

Additional information

NLS9781107680630
9781107680630
1107680638
Bills of Rights in the Common Law by Robert Leckey (McGill University, Montreal)
New
Paperback
Cambridge University Press
2015-05-05
256
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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