The constitutional balance /
John Laws.
- First edition.
- 1 online resource (240 pages).
Includes bibliographical references and index.
The rule of law -- Democracy -- Two moralities -- The common law -- Reason, fairness, and the presumption of liberty -- Finding the edge : judicial deference -- Two mistakes : parliamentary intent and the ultra vires doctrine -- The sovereignty of parliament -- Human rights, free thought, and expression.
Abstract freely available; full-text restricted to individual document purchasers.
"The overall theme of the book is the relationship or tension between constitutional principles - fairness, reason and the presumption of liberty - and the democratic assembly's - the Parliament - right to vote the legislation of its choice. The point is important; it moulds our constitution and thus affects the way law is made and administered. The tension is generally eased by the deployment of statutory construction which brings these elements together in a coherent whole"--