Limiting Arbitrary Power: The Vagueness Doctrine in Canadian Constitutional Law - Hardcover

Ribeiro, Marc

Hardcover

ISBN 10: 0774810505 ISBN 13: 9780774810500

Publisher: UBC Press, 2004

Synopsis

Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this 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 been 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.

About this title

About the Author

Marc Ribeiro holds a Bachelor of Laws from the Université de Montréal, and a Doctor of Jurisprudence from Osgoode Hall. He is a Member of the Bar of Quebec.

Edition details

• Publisher: UBC Press
• Publication date: 2004
• ISBN 10: 0774810505
• ISBN 13: 9780774810500
• Binding: Hardcover
• Language: English
• Number of pages: 216