Limiting Arbitrary Power

Limiting Arbitrary Power
Author: Marc Ribeiro
Publisher: UBC Press
Total Pages: 220
Release: 2004
Genre: Law
ISBN: 9780774810517

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.

Archives and Societal Provenance

Archives and Societal Provenance
Author: Michael Piggott
Publisher: Elsevier
Total Pages: 359
Release: 2012-10-22
Genre: Business & Economics
ISBN: 1780633785

Records and archival arrangements in Australia are globally relevant because Australia's indigenous people represent the oldest living culture in the world, and because modern Australia is an ex-colonial society now heavily multicultural in outlook. Archives and Societal Provenance explores this distinctiveness using the theoretical concept of societal provenance as propounded by Canadian archival scholars led by Dr Tom Nesmith. The book's seventeen essays blend new writing and re-workings of earlier work, comprising the fi rst text to apply a societal provenance perspective to a national setting.After a prologue by Professor Michael Moss entitled A prologue to the afterlife, this title consists of four sections. The first considers historical themes in Australian recordkeeping. The second covers some of the institutions which make the Australian archival story distinctive, such as the Australian War Memorial and prime ministerial libraries. The third discusses the formation of archives. The fourth and final part explores debates surrounding archives in Australia. The book concludes by considering the notion of an archival afterlife. - Presents material from a life's career working and thinking about archives and records and their multiple relationships with history, biography, culture and society - The first book to focus specifically on the Australian archival scene - Covers a wide variety of themes, including: the theoretical concept of the records continuum; census records destruction; Prime Ministerial Libraries; and the documentation of war

Cato Handbook for Policymakers

Cato Handbook for Policymakers
Author: Cato Institute
Publisher: Cato Institute
Total Pages: 698
Release: 2008
Genre: Law
ISBN: 1933995912

Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.

The Spirit of Laws

The Spirit of Laws
Author: Charles de Secondat baron de Montesquieu
Publisher:
Total Pages: 492
Release: 1886
Genre: Jurisprudence
ISBN:

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

An Introduction to the Study of the Law of the Constitution

An Introduction to the Study of the Law of the Constitution
Author: A.V. Dicey
Publisher: Springer
Total Pages: 729
Release: 1985-09-30
Genre: Social Science
ISBN: 134917968X

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Law and Leviathan

Law and Leviathan
Author: Cass R. Sunstein
Publisher: Harvard University Press
Total Pages: 209
Release: 2020-09-15
Genre: Law
ISBN: 0674247531

From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Republicanism and Political Theory

Republicanism and Political Theory
Author: Cecile Laborde
Publisher: John Wiley & Sons
Total Pages: 296
Release: 2009-02-04
Genre: Philosophy
ISBN: 0470766220

Republicanism and Political Theory is the first book to offer a comprehensive and critical survey of republican political theory. Critically assesses its historical credentials, conceptual coherence, and normative proposals Brings together original contributions from leading international scholars in an interactive way Provides the reader with valuable insight into new debates taking place in republican political theory

The Constitution of Liberty

The Constitution of Liberty
Author: F.A. Hayek
Publisher: Routledge
Total Pages: 588
Release: 2020-06-29
Genre: Business & Economics
ISBN: 0429637977

Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.