TAILIEUCHUNG - THE CONSTITUTION OF LAW Legality in a Time of Emergency

Is the rule of law optional for liberal democratic societies? In the wake of the attacks on the United States on 11 September 2001, the Bush administration seemed to say that it is. And in the wake of the attacks on London in July of 2005, Tony Blair has indicated that the rule of law is a luxury, dispensable when the going gets rough. In particular, he has indicated that judges have to be reined in from their disposition to enforce the rule of law against the executive, even if this requires both legislating how they are to balance liberty against security and amending the Human Rights Act. | The Constitution of Law Legality in a Time of Emergency David Dyzenhau Cambridge w 9780521860758 This page intentionally left blank THE CONSTITUTION OF LAW Professor Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role but which also requires the participation of the legislature and the executive. David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto. He is a Fellow of the Royal Society of Canada and has worked in South Africa the United Kingdom Germany and New .

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• Parliamentary supremacy
• Constitutional watchdog
• royal prerogative
• constitutional law
• accountable government
• regulatory agencies
• Constitutional Values
• Unwritten Constitutions
• Efficient Constitution
• Core Meaning
• onstitutional Law
• Constitutive Laws
• International Organizations
• Human Rights
• Organization Authority
• Essential Supreme
• Court Decisions
• Health care personnel
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• Phlebotomy for health care personnel
• History of Phlebotomy
• Infection control
• historic structure
• Functions of Parliament
• Cabinet