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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Principled Reasoning in Human Rights Adjudication


ISBN13: 9781509931323
Published: August 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £35.00
Hardback edition , ISBN13 9781782259817



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction: The Doctrinal and Institutional Context
I. Map of the Book
II. Recurring Themes

Part I: The Conceptual Context and the Meanings of the Implied Constitutional Principles
2. Implied Principles and Constitutionalism
I. Introduction
II. On Implied Principles
III. Separation of Powers and the Rule of Law in Constitutionalism
IV. Conclusion
3. Judicial Conceptions of the Rule of Law
I. Introduction
II. Conceptions of the Rule of Law
III. Development of Heads of Judicial Review
IV. Explicit References to the Rule of Law in Applying a Constitution or Bill of Rights
V. Conflicts Within the Rule of Law: Equality as an Application of the Rule of Law
VI. Conclusion
4. Applications of the Separation of Powers
I. Introduction
II. Varying Separations of Powers
III. Practical Application of the Separation of Powers Principle in Courts in the Westminster-style System
IV. Effect of the Separation of Powers on Human Rights
V. The Separation of Powers in UK Courts post-HRA
VI. Conclusion

Part II: Functions Played by the Implied Constitutional Principles of the Rule of Law and Separation of Powers
5. Implied Principles as Interpretative Aids
I. Introduction
II. Distancing Devices in Hard Cases
III. Common Ground
IV. Institutional Respect
V. Conclusion
6. Implied Principles as Grounds for Invalidating Legislation
I. Introduction
II. The Practice of Invoking Implied Principles as Grounds for Invalidating Legislation
III. Trends and Fault Lines
IV. Conclusion
7. Implied Principles as Gateways to Comparative Law
I. Introduction
II. Comparativism in Constitutional Law and Human Rights
III. Inheritance from Former Colonial Power
IV. Principled Borrowing and a Colonial Legacy
V. Developing Common Approaches to Common Problems
VI. Cyclical Borrowing
VII. Conclusion
8. The Legitimacy of Reliance on Implied Constitutional Principles in Fundamental Rights Adjudication
I. Introduction
II. Process of Implication of the Implied Constitutional Principle
III. The Type of Use Involved
IV. Determinacy
V. The Road to Defeat of Constitutional Amendments?
VI. Conclusion
9. Conclusion
I. Decisional Flexibility
II. Distancing Devices and Institutional Defence
III. Invitations
IV. Continuity and Transition
V. Autochthony
VI. Concluding Thoughts

Series: Hart Studies in Comparative Public Law

Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
To be published March 2020
Hart Publishing
£30.00
The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
To be published December 2019
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£35.00
The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
To be published November 2019
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£50.00
Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? ISBN 9781509933105
To be published October 2019
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£40.00
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
Published September 2019
Hart Publishing
£35.00
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
£40.00
Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£95.00
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
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£50.00
£60.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
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£32.99
£58.50 + £11.70 VAT
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Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published May 2018
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£65.00
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
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£32.99
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
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£72.00 + £14.40 VAT
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Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£80.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
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£29.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
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£65.00
£100.00
£45.00 + £9.00 VAT
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£27.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£33.99
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
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£63.00 + £12.60 VAT
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The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
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£70.00
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
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£36.99
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£31.50 + £6.30 VAT
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£70.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£31.50 + £6.30 VAT
(ePub)
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£70.00
£70.00
£31.50 + £6.30 VAT
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Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
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£85.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
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£36.00 + £7.20 VAT
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
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£65.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
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£34.18 + £6.84 VAT
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£80.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
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£29.68 + £5.94 VAT
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
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£70.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
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£65.00
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
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£26.98 + £5.40 VAT
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£25.18 + £5.04 VAT
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£70.00
The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£80.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
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£30.58 + £6.12 VAT
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£33.28 + £6.66 VAT
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£80.00
Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published January 2015
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£42.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
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£38.68 + £7.74 VAT
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
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Constitutionalising Secession (eBook) ISBN 9781782253310
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Constitutionalising Secession ISBN 9781849464376
Published February 2014
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Israeli Constitutional Law in the Making ISBN 9781849464093
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Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
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The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
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