The Constitution of Law: Legality in a Time of Emergency
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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24 Oxford Journal 26 London Review 68 Modern Law Administrative Law Anti-terrorism Law Cambridge Antonin Bill of Rights Brunswick Law Journal Cambridge University Press Carl Schmitt Clarendon Press Constitution Oxford Constitutionalism David Deference Detention Without Trial Dicey Business Duckworth Duncker & Humblot Dyzenhaus Essays Ethics Forsyth Gearty George Schwab Global Anti-terrorism Law Gudridge Hart Publishing Harvard Law Review Hobbes John Joseph Raz Journal ofLegal Studies Judicial Review Jurisprudence Kelsen Kent Roach eds Lauterpacht Law Oxford Law Quarterly Legality and Legitimacy Leviathan London Review ofBooks Michael Hor Modern Law Review Morality of Law ofAdministrative ofLaw and Politics(Oxford ofNew Brunswick Law ofthe Law ofToronto Oxford Journal ofLegal Oxford University Press Philosophy Oxford Politics Oxford Pritt Public Domain Public Law Rawls Richard Tuck Cambridge Rights Seriously London Ronald Dworkin Rule of Law Scalia South African Law Sunstein Supreme Court Taking Rights Seriously translated by George University of Toronto Victor Ramraj Wartime Yale Law Journal