The Unity of Public Law?: Doctrinal, Theoretical and Comparative Perspectives

Foreword
Contents
Contributors
Table of Cases
Table of Legislation
1. Introduction
	I. Theme and Book Structure
	II. The Chapters
	III. Acknowledgements
2. The Unity of Public Law?
	I. Introduction
	II. Judicial Review Today
	III. The Nature of Administrative Law
	IV. Law and Discretion
	V. Constitutional Traditions
	VI. Basis of Review for Reasonableness of Interpretation and Application
	VII. Conclusion
Part 1: Doctrinal and Theoretical Perspectives
	3. Taxonomy and Public Law
		I. Introduction
		II. Reasons for the General Absence of Legal Taxonomy in Public Law Scholarship
		III. Why Legal Categorisation Matters
		IV. Mapping Public Law
		V. Conclusion
	4. On Being Reasonably Proportionate
		I. Introduction
		II. Substantive Judicial Review, Canadian Style
		III. Discretionary Decisions that Engage the Charter
		IV. Conclusion: Taking Rights Seriously in Administrative Law
	5. Administrative Law: Characteristics, Legitimacy, Unity
		I. The Growth of Judicial Review of Administrative Action
		II. The Characteristics of Judicial Review of Administrative Action
		III. Legitimacy
		IV. Conclusion
	6. Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law
		I. Introduction
		II. The Constitutional and the Ordinary
		III. Internal and External Restraints
		IV. The Deployment of Constitutional Rights
		V. ‘Principles of Constitutionality’?
		VI. Principle-based Reasoning in R (Evans) v Attorney General
		VII. Towards a Coherent Constitutional Common Law
		VIII. Conclusion
	7. A Matter of Feel? Public Powers and Functions in South Africa
		I. Introduction
		II. The Implications of Exercising Public Power or Performing a Public Function
		III. Private Actors Exercising Public Powers or Performing Public Functions
		IV. Public Actors Exercising Private Powers in a Contractual Setting
		V. Conclusion
	8. Fault and Accountability in Public Law
		I. Introduction
		II. An Accountability Framework
		III. A Valuable Thought Exercise
		IV. Fault and Accountability
		V. Fault in Public Law
		VI. Concluding Remarks
	9. Interpretive Presumptions Assessed against Legislators’ Understanding
		I. Introduction
		II. What Does Legislative Intention Mean and Why Should We Care?
		III. Assessing Uses of Presumptions as Weak, Moderate and Assertive
		IV. The Tests and Approaches Used in the Cases
		V. Conclusion
	10. ‘It All Depends on the Circumstances’: The Decline of Doctrine on the Grounds and Intensity of Review
Part 2: Comparative Perspectives
	11. The Globalisation of Public Law: A Quilting of Legalities
		I. Introduction
		II. Dialogue: Potential and Limits
		III. Local Context: An Australian Perspective
		IV. Conclusion
	12. Comparative Public Law in the UK Supreme Court
	13. Transplants in Public Law
		I. Rationale
		II. Setting the scene
		III. Choice
		IV. Reception
		V. Adaptation
		VI. Unity of Public Law
	14. Unity and Diversity in the United Kingdom’s Territorial Constitution
		I. Introduction
		II. The Empirical Perspective
		III. The Conceptual Perspective
		IV. The Normative Perspective
		V. The Political Perspective
		VI. Conclusion: Brexit and the Territorial Constitution
	15. Moving Beyond the Constitutionalism/Democracy Dilemma: ‘Commonwealth Model’ Scholarship and the Fixation on Legislative Compliance
		I. Introduction
		II. ‘Commonwealth Model’ Scholarship and its Critics
		III. Commonwealth Model Scholarship and the American Academy
		IV. The counter-Majoritarian Obsession and the Search for ‘Distinctiveness’
		V. Beyond ‘Distinctiveness’: the Commonwealth Model and the Constraint of Public Functions
		VI. Distinctiveness Versus Variance—the ‘Push Me Pull You’ Effect
		VII. Context, Comparativism and Dialogue
		VIII. Conclusion: Moving Forward
	16. Vindicatory Damages for Violation of Constitutional Rights: A Comparative Approach
		I. The Case for Vindicatory Damages in Public Law
		II. Responses to Vindicatory Damages in Different Jurisdictions
		III. Objections to Vindicatory Damages
		IV. Conclusion
	17. Decolonising Jurisprudence: Public Interest Standing in New Constitutional Orders
		I. Public Interest Standing in the Post-Colonial Common Law World
		II. Public Interest Standing in Kenya: The Results
		III. Conclusion
	18. Constitutional Convergence? Some Lessons from Proportionality
		I. Introduction
		II. Proportionality as a Method of Review
		III. Applying Proportionality: The Role of Facts
		IV. Resolving Empirical Questions: Possibilities for Comparative Engagement?
		V. Conclusion: Convergence or Divergence?
	19. Jurisdictional Error: Do We Really Need It?
		I. Introduction
		II. The Origins and Evolution of Jurisdictional Error
		III. Explaining the Australian Position
		IV. The Legislative Power Rationale
		V. Conclusion
Index