Grant Huscroft

University of Western Ontario - Faculty of Law

Professor

London, Ontario N6A 3K7 N6A 3K7

Canada

  • University of Western Ontario - Faculty of Law

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    • Tel: 519-661-2111 ext 88375
    • Fax: 519-661-3790
SCHOLARLY PAPERS

20

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6

CROSSREF CITATIONS

27

Scholarly Papers (20)

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1.

Rationalizing Judicial Power: The Mischief of Dialogue Theory

CONTESTED CONSTITUTIONALISM: REFLECTIONS ON THE CHARTER OF RIGHTS AND FREEDOMS, University of British Columbia Press, 2009
Number of pages: 23 Posted: 14 Jan 2008 Last Revised: 08 Dec 2009
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 1,062 (20,366)
Citation 1

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Judicial review, Canadian Charter of Rights and Freedoms, Dialogue Theory

2.

The Duty of Fairness: From Nicholson to Baker and Beyond

ADMINISTRATIVE LAW IN CONTEXT, C. Flood, L. Sossin, eds., pp. 169-195, Toronto: Emond Montgomery, 2008
Number of pages: 24 Posted: 12 Jul 2008
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 899 (25,894)

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Duty of fairness, natural justice, judicial review, legitimate expectations

3.

Proportionality and the Rule of Law: Rights, Justification, Reasoning Introduction

Downloads 771 ( 32,084)
Citation 1

Proportionality and the Rule of Law: Rights, Justification, Reasoning Introduction

LSE Legal Studies Working Paper No. 13/2014
Number of pages: 29 Posted: 16 Jul 2014
Grant Huscroft, Bradley W. Miller and Grégoire Webber
University of Western Ontario - Faculty of Law, University of Western Ontario - Faculty of Law and Queen's University - Faculty of Law
Downloads 409 (71,987)
Citation 1

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Proportionality and the Rule of Law: Rights, Justification, Reasoning

PROPORTIONALITY AND THE RULE OF LAW: RIGHTS, JUSTIFICATION, REASONING, Grant Huscroft, Bradley W. Miller, and Grégoire Webber, eds., Cambridge University Press, 2014
Number of pages: 27 Posted: 09 May 2014
Grant Huscroft, Bradley W. Miller and Grégoire Webber
University of Western Ontario - Faculty of Law, University of Western Ontario - Faculty of Law and Queen's University - Faculty of Law
Downloads 362 (82,947)

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Constitutional theory, judicial review, proportionality, comparative constitutional law, constitutional rights, interpretation, rule of law,

4.

From Natural Justice to Fairness – Thresholds, Content, and the Role of Judicial Review

ADMINISTRATIVE LAW IN CONTEXT, 2nd Edition, C. Flood, L. Sossin, eds., Emond Montgomery, Forthcoming 2012
Number of pages: 43 Posted: 01 Mar 2012 Last Revised: 25 May 2012
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 672 (38,627)

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Duty of fairness, natural justice, principles of fundamental justice, judicial review, duty to give reasons, legitimate expectations

5.

Expounding the Constitution: Essays in Constitutional Theory

EXPOUNDING THE CONSTITUTION: ESSAYS IN CONSTITUTIONAL THEORY, Grant Huscroft, ed., New York: Cambridge University Press, 2008
Number of pages: 18 Posted: 08 May 2008
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 479 (59,908)

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Constitutional theory, judicial review, comparative constitutional law, bills of rights, unwritten constitutional principles, moral reasoning

6.

The Challenge of Originalism: Theories of Constitutional Interpretation

THE CHALLENGE OF ORIGINALISM: THEORIES OF CONSTITUTIONAL INTERPRETATION, Grant Huscroft and Bradley W. Miller, eds., Cambridge University Press, 2011
Number of pages: 18 Posted: 03 Jul 2011 Last Revised: 07 Jul 2011
Grant Huscroft and Bradley W. Miller
University of Western Ontario - Faculty of Law and University of Western Ontario - Faculty of Law
Downloads 472 (61,134)

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Constitutional theory, judicial review, originalism, living constitutionalism, comparative constitutional law, bills of rights, moral reasoning

7.

The Trouble with Living Tree Interpretation

University of Queensland Law Journal, Vol. 3, 2006
Number of pages: 21 Posted: 13 Jul 2008
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 428 (68,631)

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Constitutional law, Canadian Charter of Rights and Freedoms, judicial review, living tree interpretation, originalism, statutory bills of rights

8.

A Constitutional 'Work in Progress'? The Charter and the Limits of Progressive Interpretation

Supreme Court Law Review, Vol. 23, No. 2, pp. 413-438, 2004
Number of pages: 26 Posted: 09 Jul 2008
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 282 (110,188)

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Constitutional law, Canadian Charter of Rights and Freedoms, living tree interpretation, progressive interpretation, positive rights

9.

The Citation of Overseas Authority in Rights Litigation in New Zealand: How Much Bark? How Much Bite?

Downloads 275 (113,211)
Citation 3

The Citation of Overseas Authority in Rights Litigation in New Zealand: How Much Bark? How Much Bite?

University of Queensland TC Beirne School of Law Research Paper No. 08-04, Otago Law Review, Vol. 11, No. 3, 2007
Number of pages: 37 Posted: 21 Feb 2008 Last Revised: 07 Mar 2008
James Allan, Grant Huscroft and Nessa Lynch
The University of Queensland - T.C. Beirne School of Law, University of Western Ontario - Faculty of Law and affiliation not provided to SSRN
Downloads 269 (115,239)

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New Zealand Bill of Rights Act, Comparative constitutional law, use of foreign law

The Citation of Overseas Authority in Rights Litigation in New Zealand: How Much Bark? How Much Bite?

Allan, J., Huscroft, G., & Lynch, N. (2007). The citation of overseas authority in rights litigation in New Zealand: How much bark? How much bite?. Otago Law Review, 11(3), 433-467.
Number of pages: 17 Posted: 03 Nov 2017
James Allan, Grant Huscroft and Nessa Lynch
The University of Queensland - T.C. Beirne School of Law, University of Western Ontario - Faculty of Law and Victoria University of Wellington - Faculty of Law
Downloads 6 (648,965)

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Human Rights, Overseas Authority, New Zealand, Statutory Interpretation

10.

Reconciling Duty and Discretion: The Attorney General in the Charter Era

Queen's Law Journal, Vol. 34, pp. 773-811, 2009
Number of pages: 40 Posted: 20 Jan 2009 Last Revised: 14 Jun 2009
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 269 (115,820)

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Attorney General, Canadian Charter of Rights and Freedoms, pre-legislative scrutiny, interpretive discretion, New Zealand Bill of Rights Act, concessions in litigation, same-sex marriage

11.

Vagueness, Finiteness, and the Limits of Interpretation and Construction

THE CHALLENGE OF ORIGINALISM: THEORIES OF CONSTITUTIONAL INTERPRETATION, Grant Huscroft, Bradley W. Miller, eds., Cambridge University Press, 2011
Number of pages: 28 Posted: 06 Mar 2012
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 254 (123,040)

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Originalism, Living Tree, interpretation, construction, judicial review, Canadian Charter of Rights and Freedoms, economic and social rights

12.

Political Litigation and the Role of the Court

Supreme Court Law Review, Vol. 34, pp. 35-56, 2006
Number of pages: 22 Posted: 03 Mar 2008
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 237 (131,966)

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Constitutional law, judicial review, advisory opinions; passive virtues, political questions, same-sex marriage, health care

13.

Proportionality and Pretense

Constitutional Commentary, Forthcoming
Number of pages: 27 Posted: 05 Nov 2013 Last Revised: 05 Mar 2014
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 213 (146,248)

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Proportionality, balancing, judicial review, constitutional interpretation, comparative constitutional law, Aharon Barak

14.

Constitutionalism from the Top Down

Osgoode Hall Law Journal, Vol. 45, No. 91, 2007
Number of pages: 15 Posted: 03 Mar 2008
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 208 (149,592)

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Judicial Review, Canadian Charter of Rights and Freedoms, Constitutional Law, Dialogue Theory

15.

'You Say You Want a Revolution': Bills of Rights in the Age of Human Rights

A SIMPLE COMMON LAWYER: ESSAYS IN HONOUR OF MICHAEL TAGGART, D Dyzenhaus, M Hunt, G Huscroft, eds., Oxford, Hart Publishing, 2009
Number of pages: 28 Posted: 05 Feb 2009
Grant Huscroft and Paul Rishworth
University of Western Ontario - Faculty of Law and University of Auckland
Downloads 205 (151,681)
Citation 1

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New Zealand Bill of Rights Act, Treaty of Waitangi, Canadian Charter of Rights and Freedoms, parliamentary sovereignty, dialogue theory, common law rights, statutory interpretation, principle of legality, culture of justification, discretionary powers

16.

Judicial Review from CUPE to CUPE: Less is Not Always More

INSIDE AND OUTSIDE CANADIAN ADMINISTRATIVE LAW: ESSAYS IN HONOUR OF DAVID MULLAN, Grant Huscroft and Michael Taggart eds., Toronto: University of Toronto Press, 2006
Number of pages: 31 Posted: 08 Sep 2008
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 195 (158,976)

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judicial review, duty of fairness, standards of review, rule of law

17.

The Constitutional and Cultural Underpinnings of Freedom of Expression: Lessons from the United States and Canada

University of Queensland Law Journal, Vol. 3, 2006
Number of pages: 22 Posted: 11 Mar 2009
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 187 (165,071)
Citation 2

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First Amendment, freedom of expression, judicial review, Canadian Charter of Rights and Freedoms, New Zealand Bill of Rights, Australian bills of rights

18.

Romance, Realism, and the Legitimacy of Implied Rights

University of Queensland Law Journal, Vol. 30, 2011
Number of pages: 20 Posted: 01 Oct 2011 Last Revised: 16 Oct 2011
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 157 (192,307)

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Constitutional Rights, Implied Rights, Unwritten Rights, Underlying Constitutional Principles, Rule of Law, Canadian Charter of Rights, Australian Constitution

19.

'Thank God We're Here': Judicial Exclusivity in Charter Interpretation and its Consequences

Supreme Court Law Review, Vol. 25, No. 2, pp. 241-267, 2004
Number of pages: 28 Posted: 09 Jul 2008
Grant Huscroft
University of Western Ontario - Faculty of Law
Downloads 147 (203,139)

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Constitutional law, judicial review, Canadian Charter of Rights and Freedoms, judicial exclusivity, advisory opinions, passive virtues, political questions, same-sex marriage

20.

Constitutional Rights Coming Home to Roost? Rights Internationalism in American Courts

San Diego Law Review, Vol. 43, p. 1, 2006
Number of pages: 60 Posted: 19 Jul 2008
James Allan and Grant Huscroft
The University of Queensland - T.C. Beirne School of Law and University of Western Ontario - Faculty of Law
Downloads 110 (253,657)

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comparative constitutional law, bills of rights, judicial review, rights internationalism, Canadian Charter of Rights and Freedoms, New Zealand Bill of Rights Act, UK Human Rights Act