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The Ultimate Rule of Law David M. Beatty (Professor of Law, University of Toronto)

The Ultimate Rule of Law By David M. Beatty (Professor of Law, University of Toronto)

The Ultimate Rule of Law by David M. Beatty (Professor of Law, University of Toronto)


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Summary

Examines judgements of leading courts around the world on issues such as religious freedom, sex discrimination, and economic rights. The author develops an alternative to the conventional view that in deciding cases judges engage in an interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions.

The Ultimate Rule of Law Summary

The Ultimate Rule of Law by David M. Beatty (Professor of Law, University of Toronto)

The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.

About David M. Beatty (Professor of Law, University of Toronto)

David M. Beatty is Professor of Law at the University of Toronto.

Table of Contents

1. The Forms and Limits of Constitutional Interpretation ; 2. Liberty ; 3. Equality ; 4. Fraternity ; 5. Proportionality

Additional information

NLS9780199288014
9780199288014
0199288011
The Ultimate Rule of Law by David M. Beatty (Professor of Law, University of Toronto)
New
Paperback
Oxford University Press
2005-07-21
212
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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