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Bills of Rights in the Common Law
by Robert Leckey (Author)
Series: Cambridge Studies in Constitutional Law (Book 13)
Paperback: 256 pages
Publisher: Cambridge University Press; Reprint edition (May 5, 2015)
Language: English
ISBN-10: 1107680638
ISBN-13: 9781107680630
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.
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