Unity of Public Law

David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto.

Desire for an autonomous social life of law, a life that dares speak to the supreme power, and even arrest its exercise, has always animated the work of lawpersons, legal theorists especially among them. In this work, David Dyzenhaus and his eminent colleagues insist that this is a rational desire summoning the futures, or the fates, of the 'unity of public law'. The diversely framed disciplinary traditions fragments it through specialisms labelled variously as the constitutional, administrative, public international, and international human rights law. The idea of the 'unity of public law' is expressed here at many levels. Upendra Baxi The Law and Politics Book Review November 2004 Professor David Dyzenhaushas edited this superlative work, consisting of 17 finely-tuned essays, by as many renowned contributorsThis collection of essays is suffused with comparative law and it resonates with integrated analysis, poise and erudition. It ought to be required reading for all Judges and senior public officials. Gerard McCoy New Zealand Law Journal December 2004 ...the book is a celebration, of common law philosophy, flexibility and durability...a collection of uniformly well-written and informative essays... Patrick Birkinshaw Oxford University Commonwealth Law Journal vol.4 no.2 winter 2004

• 1. Baker: The Unity of Public Law?David Dyzenhaus2. Deference from Baker to Suresh and Beyond—Interpreting the Conflicting SignalsDavid Mullan3. The Baker Effect: A New Interface Between the Canadian Charter of Rights and Freedoms and Administrative Law—The Case of DiscretionGeneviève Cartier4. The Rule of Policy: Baker and the Impact of Judicial Review on Administrative DiscretionLorne Sossin5. ‘Alert, alive and sensitive’: Baker, the Duty to Give Reasons, and the Ethos of Justification in Canadian Public LawMary Liston6. The Internal Morality of Administration: The Form and Structure of ReasonablenessEvan Fox-Decent7. The State of Law’s Borders and the Law of States’ BordersAudrey Macklin8. Refugees, Asylum Seekers, the Rule of Law and Human RightsColin Harvey9. Judicial Review of Expulsion Decisions: Reflections on the UK ExperienceNicholas Blake KC10. Rights in the Balance: Non-Citizens and State Sovereignty Under the CharterNinette Kelley11. Common Law Reason and the Limits of Judicial DeferenceTrevor Allan12. Of Cocoons and Small ‘c’ Constitutionalism: The Principle of Legality and an Australian Perspective on BakerMargaret Allars13. Judicial Review, Intensity and Deference in EU LawPaul Craig14. A Hesitant Embrace: Baker and the Application of International Law by Canadian CourtsJutta Brunnée & Stephen J Toope15. Authority, Influence and Persuasion: Baker, Charter Values and the Puzzle of MethodMayo Moran16. The Common Law Constitution and Legal CosmopolitanismMark D Walters17. The Tub of Public LawMichael Taggart