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A Simple Common Lawyer


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Table of Contents

1. Introduction Grant Huscroft, David Dyzenhaus and Murray Hunt 2. Process, Quality and Variable Standards: Responding to an Agent Provocateur Mark Aronson 3. The Legitimacy of the Rule of Law David Dyzenhaus 4. Righting Administrative Law Sian Elias 5. The 'Hidden Paw' of the State and the Publicisation of Private Law Carol Harlow 6. Against Bifurcation Murray Hunt 7. 'You Say You Want a Revolution': Bills of Rights in the Age of Human Rights Grant Huscroft and Paul Rishworth 8. Why the History of English Administrative Law is not Written Martin Loughlin 9. Mike Taggart and Australian Exceptionalism Sir Anthony Mason 10. Public Function Tests: Bringing Back the State? Janet McLean 11. A History of the Modern Jurisprudence of Aboriginal Rights - Some Observations on the Journey So Far P G McHugh 12. 'Because I Said So!' Is That Ever Good Enough?-Findings and Reasons in Canadian Administrative Law David Mullan 13. To Be or Not to Be: The Constitutional Relationship Between New Zealand and Australia Cheryl Saunders 14. Early Days Sir Stephen Sedley 15. The Killing of the Prisoners at Agincourt and a Movement from Contract to Status A W B Simpson The Writings of Michael Taggart David Dyzenhaus Murray Hunt Grant Huscroft Cheryl Saunders Mark Aronson David Mullan Paul Rishworth Paul McHugh Janet McLean Brian Simpson Carol Harlow Martin Loughlin Justice Stephen Sedley Chief Justice Sian Elias Chief Justice Anthony Maso

About the Author

David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto. Murray Hunt is Legal Adviser to the Joint Committee on Human Rights of the UK Parliament. Grant Huscroft is Professor of Law at the University of Western Ontario.


...the scholarly contributions of the cartographers in this lovingly assembled book are a testament to Michael Taggart's incomparable mapping skills in the landscape of administrative law. A Simple Common Lawyer is an impressive and richly deserved tribute to one of the titans of Commonwealth public law: it functions as a fantastic primer, rather than substitute, for Taggart's voracious writings and exemplifies the enduring virtues of the festschrift genre.The obvious diversity yet underlying unity of the subjectmatter contained within the volume is an apt reflection of a scholar who has resolutely demonstrated that a culture of justification should operate in academia aswell as in public administration. Matthew Windsor The Modern Law Review (2009) 72(4) To the extent that it is possible for one volume to reflect the depth and variety of Taggart's scholarship, this volume succeeds admirably and does so in large part because the contributions draw upon many of the themes or arguments that vexed Taggart. This book reflects the work of the person it honours in another way. It is about big ideas and examines difficult questions that do not have easy answers. The result is a strong work that covers complex issues and does so in a thoughtful and often provocative way. The sharp comparative focus of the book will lift readers out of the confines of their own jurisdiction to a wider range of ideas about administrative law. Matthew Groves Australian Journal of Administrative Law (2009) 17 AJ Admin L 53 at 54 the volumes provide a wide audience for many erudite and deserving papers. They provide an oppurtunity for public lawyers to dip in to other jurisdictions and to identify commonalities and the helpful foreign reference. Tom Hickman, Blackstone Chambers Judicial Review 2009 A Simple Common Lawyer will appeal not just to those in the legal community but to anyone wishing to understand how public law works or critically consider how it should work. A fitting tribute to Professor Taggart, A SIMPLE COMMON LAWYER offers an insightful, engaging, and diverse collection of essays any publi law enthusiast will thoroughly enjoy wading through. Deidre Bourke The Law and Politics Book Review February 28, 2010

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