Modern Challenges to the Rule of Law

The essays in this collection consider challenges to the maintenance of the rule of law in mature, modern legal systems.

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ISBN/ISSN: 9781877511752
Release Date: April 01, 2011
Out of Stock
NZD$ 181.00
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ISBN/ISSN: 9781927149355
Release Date: August 01, 2011
NZD$ 181.00
Best value

Product description

Leading judges and scholars from Australia, New Zealand and the United Kingdom - including the Hon Justice Dyson Heydon and Professor John Finnis - reflect on the nature of the rule of law and the form of order that it prescribes.

The essays consider the distinction between formal and substantive conceptions of the rule of law; the relationship between rights, democracy and the rule of law; and the ideal's implications for legal change in general and the difference between legislating and case law development in particular. Some contributors address the way in which judicial action may challenge the rule of law. Others explore the ideal's implications in particular contexts.


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Table of contents

Chapter 1: Introduction

- Richard Ekins

Chapter 2: What Do We Mean By the Rule of Law?

- The Hon Justice Dyson Heydon

Chapter 3: The Rule of Law: Foundational Norm

- Philip Joseph

Chapter 4: Reasonable Disagreement and the Diminution of Democracy: Joseph's Morally Laden Understanding of 'The Rule of Law'

- James Allan

Chapter 5: A Response to Professor Allan

- Philip Joseph

Chapter 6: Legislation, Common Law and the Virtue of Clarity

- Paul Yowell

Chapter 7: Invoking the Principle of Legality Against the Rule of Law

- John Finnis

Chapter 8: Legal Reasoning and Bills of Rights

- Grégoire Webber

Chapter 9: Rights, Interpretation and the Rule of Law

- Richard Ekins

Chapter 10: Three Challenges to the Rule of Law in the Modern English Legal System

- The Hon Mr Justice Sales

Chapter 11: Electoral Finance, Lawmaking and the Politics of the Rule of Law

- Andrew Geddis

Chapter 12: Compensation for Takings of Private Property Rights and the Rule of Law

- Neil Quigley and Lewis Evans

Chapter 13: Tax Avoidance, the Rule of Law and the New Zealand Supreme Court

- Michael Littlewood