Scholars have addressed at length the 'what' of judicial review
under a bill of rights - scrutinizing legislation and striking it
down - but neglected the 'how'. Adopting an internal legal
perspective, Robert Leckey addresses that gap by reporting on the
processes and activities of judges of the highest courts of Canada,
South Africa and the United Kingdom as they apply their relatively
new bills of rights. Rejecting the tendency to view rights
adjudication as novel and unique, he connects it to the tradition
of judging and judicial review in the Commonwealth and identifies
respects in which judges' activities in rights cases genuinely are
novel - and problematic. Highlighting inventiveness in rights
adjudication, including creative remedies and guidance to
legislative drafters, he challenges classifications of review as
strong or weak. Disputing claims that it is modest and dialogic, he
also argues that remedial discretion denies justice to individuals
and undermines constitutional supremacy.
General
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