The Unity of Public Law?: Doctrinal, Theoretical and Comparative Perspectives

by Mark Elliott, Jason NE Varuhas, Shona Wilson Stark

Overview

This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

Product Details

ISBN-13:	9781509940264
Publisher:	Bloomsbury Academic
Publication date:	09/03/2020
Pages:	472
Product dimensions:	6.69(w) x 9.61(h) x 0.95(d)

About the Author

Mark Elliott is Professor of Public Law at the University of Cambridge, and Fellow of St Catherine's College, Cambridge.
Jason NE Varuhas is Associate Professor at the University of Melbourne.
Shona Wilson Stark is Affiliated Lecturer at the Law Faculty at the University of Cambridge, and a Fellow of Christ's College, Cambridge.

Table of Contents

Foreword John Bell v

Contributors xi

Table of Cases xiii

Table of Legislation xxxiii

1 Introduction Mark Elliott Jason NE Varuhas Shona Wilson Stark 1

2 The Unity of Public Law? Dame Sian Elias 15

Part 1 Doctrinal and Theoretical Perspectives

3 Taxonomy and Public Law Jason NE Varuhas 39

4 On Being Reasonably Proportionate Audrey Macklin 79

5 Administrative Law: Characteristics, Legitimacy, Unity Paul Daly 101

6 Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law Roger Masterman Se-shauna Wheatle 123

7 A Matter of Feel? Public Powers and Functions in South Africa Cora Hoexter 149

8 Fault and Accountability in Public Law Ellen Rock 171

9 Interpretive Presumptions Assessed against Legislators' Understanding Hanna Wilberg 193

10 'It All Depends on the Circumstances': The Decline of Doctrine on the Grounds and Intensity of Review David Stratas 219

Part 2 Comparative Perspectives

11 The Globalisation of Public Law: A Quilting of Legalities Robert French AC 231

12 Comparative Public Law in the UK Supreme Court Robert Reed 243

13 Transplants in Public Law Cheryl Saunders 257

14 Unity and Diversity in the United Kingdom's Territorial Constitution Aileen McHarg 279

15 Moving Beyond the Constitutionalism/Democracy Dilemma: 'Commonwealth Model' Scholarship and the Fixation on Legislative Compliance Claudia Geiringer 301

16 Vindicatory Damages for Violation of Constitutional Rights: A Comparative Approach Johannes Chan 327

17 Decolonising Jurisprudence: Public Interest Standing in New Constitutional Orders Elizabeth A O'Loughlin 351

18 Constitutional Convergence? Some Lessons from Proportionality Anne Carter 373

19 Jurisdictional Error: Do We Really Need It? Janina Boughey Lisa Burton Crawford 395

Index 421