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.
General
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