Overview

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.

Full Product Details

Author:   Editor: Richard Ekins
Publisher:   LexisNexis New Zealand
Imprint:   LexisNexis New Zealand
Weight:   0.518kg
ISBN:  

9781877511752

ISBN 10:   1877511757
Pages:   800
Publication Date:   07 April 2011
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

1. Introduction - Richard Ekins 2. What Do We Mean By the Rule of Law? - The Hon Justice Dyson Heydon 3. The Rule of Law: Foundational Norm - Philip Joseph 4. Reasonable Disagreement and the Diminution of Democracy: Joseph's Morally Laden Understanding of 'The Rule of Law' - James Allan 5. A Response to Professor Allan - Philip Joseph 6. Legislation, Common Law and the Virtue of Clarity - Paul Yowell 7. Invoking the Principle of Legality Against the Rule of Law - John Finnis 8. Legal Reasoning and Bills of Rights - Gregoire Webber 9. Rights, Interpretation and the Rule of Law - Richard Ekins 10. Three Challenges to the Rule of Law in the Modern English Legal System - The Hon Mr Justice Sales 11. Electoral Finance, Lawmaking and the Politics of the Rule of Law - Andrew Geddis 12. Compensation for Takings of Private Property Rights and the Rule of Law - Neil Quigley and Lewis Evans 13. Tax Avoidance, the Rule of Law and the New Zealand Supreme Court - Michael Littlewood James Allan is Professor of Law at the University of Queensland Richard Ekins is Senior Lecturer in Law at the University of Auckland Lewis Evans is Professor of Economics at Victoria University of Wellington John Finnis is Emeritus Professor of Law at the University of Oxford and Biolchini Family Professor of Law at the University of Notre Dame Andrew Geddis is Professor of Law at the University of Otago The Hon Justice Dyson Heydon is a Justice of the High Court of Australia Philip Joseph is Professor of Law at the University of Canterbury Michael Littlewood is Senior Lecturer in Law at the University of Auckland Neil Quigley is Professor of Monetary Economics and Financial Institutions at Victoria University of Wellington The Hon Mr Justice Sales is a Judge of the High Court, England Paul Yowell is Lecturer in Law at New College, Oxford Gregoire Webber is Lecturer in Jurisprudence at the London School of Economics

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Author Information

Richard Ekins is Senior Lecturer in Law at the University of Auckland.

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