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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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.
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