Limiting Arbitrary Power: The Vagueness Doctrine in Canadian Constitutional Law by Marc Ribeiro
Limiting Arbitrary Power: The Vagueness Doctrine in Canadian Constitutional Law
Author: Marc Ribeiro
Title: Limiting Arbitrary Power: The Vagueness Doctrine in Canadian Constitutional Law
ISBN10: 0774810505
ISBN13: 978-0774810500
Format: .PDF .EPUB .FB2
Pages:
Publisher: UBC Press (May 1, 2004)
Language: English
Size pdf: 1322 kb
Size epub: 1440 kb
Rating: 4.2 ✪
Votes: 433
Category: Law
Subcategory: Constitutional Law
Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this, the first book published on the subject, Marc Ribeiro offers a balanced analysis of this doctrine and its application in the context of the Canadian constitution.

Taking as its starting point a cogent analysis of the fundamental concepts of "legality" and the "rule of law," Limiting Arbitrary Power undertakes a specific study of the contents of the vagueness doctrine.

Dr. Ribeiro presents an in-depth exploration of the courts' current approach, and suggests how it may be refined in the future. In that regard, he proposes techniques for legislative drafting in which certainty could be enhanced without compromising the flexibility required in law. Acknowledging that to date, the doctrine has yet to be granted an autonomous status for invalidating legislation, he also examines in detail the possible situations in which vagueness may become applicable under the Charter.

An important addition to Canadian law libraries, Limiting Arbitrary Power will be eagerly received by legal professionals, legislators, and scholars of constitutional law and legal theory.