The constitution of law : legality in a time of emergency / David Dyzenhaus.

Cambridge : Cambridge University Press, 2006.

26460

War and emergency legislation.

War and emergency powers.

Rule of law.

1. Legality in a time of emergency

2. Constituting the legislature

3. Taking the administrative state seriously

4. Unity of public law.

Dyzenhaus deals with the 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. He tries 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 in which judges play an important role, but also involving the other two branches.

Includes bibliographical references (p. 234-241) and index.

0521677955

9780521677950

xv, 250 p. ; 24 cm