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.
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.
This volume originates from the second Public Law Conference, held in Cambridge in 2016, and It features contributions from leading scholars and judges from the across the common law world on the theme of unity in public law.
1. Introduction
Mark Elliott, Jason NE Varuhas and Shona Wilson Stark
2. The Unity of Public Law?
Dame Sian Elias
Part 1. Doctrinal and Theoretical Perspectives
3. Taxonomy and Public Law
Jason NE Varuhas
4. On Being Reasonably Proportionate
Audrey Macklin
5. Administrative Law: Characteristics, Legitimacy, Unity
Paul Daly
6. Unity, Disunity and Vacuity: Constitutional Adjudication and the
Common Law
Roger Masterman and Se-shauna Wheatle
7. A Matter of Feel? Public Powers and Functions in South
Africa
Cora Hoexter
8. Fault and Accountability in Public Law
Ellen Rock
9. Interpretive Presumptions Assessed against Legislators’
Understanding
Hanna Wilberg
10. ‘It All Depends on the Circumstances’: The Decline of Doctrine
on the Grounds and Intensity of Review
David Stratas
Part 2. Comparative Perspectives
11. The Globalisation of Public Law: A Quilting of Legalities
Robert French AC
12. Comparative Public Law in the UK Supreme Court
Robert Reed
13. Transplants in Public Law
Cheryl Saunders
14. Unity and Diversity in the United Kingdom’s Territorial
Constitution
Aileen McHarg
15. Moving Beyond the Constitutionalism/Democracy Dilemma:
‘Commonwealth Model’ Scholarship and the Fixation on Legislative
Compliance
Claudia Geiringer
16. Vindicatory Damages for Violation of Constitutional Rights: A
Comparative Approach
Johannes Chan
17. Decolonising Jurisprudence: Public Interest Standing in New
Constitutional Orders
Elizabeth A O’Loughlin
18. Constitutional Convergence? Some Lessons from
Proportionality
Anne Carter
19. Jurisdictional Error: Do We Really Need It?
Janina Boughey and Lisa Burton Crawford
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.
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