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a network of constitutionalists from countries throughout the world

Book: ‘Principled Reasoning in Human Rights Adjudication’ by Se-shauna Wheatle

Picture11Principled Reasoning in Human Rights Adjudication

Se-shauna Wheatle

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.

Se-shauna Wheatle is Research Associate in Public Law in the Durham Law School, University of Durham.

April 2017   |    9781782259817   |   256pp   |   Hardback   |    RSP: £65

Discount Price: £52

Click here to order online and use the discount code IACLB at the checkout to get your 20% off.

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This entry was posted on May 10, 2017 by in Book, Human rights.
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