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Limiting Arbitrary Power

Limiting Arbitrary Power PDF Author: Marc Ribeiro
Publisher: UBC Press
ISBN: 9780774810517
Category : Law
Languages : en
Pages : 220

Book Description
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.

Limiting Arbitrary Power

Limiting Arbitrary Power PDF Author: Marc Ribeiro
Publisher: UBC Press
ISBN: 9780774810517
Category : Law
Languages : en
Pages : 220

Book Description
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 PDF Author: Michael Piggott
Publisher: Elsevier
ISBN: 1780633785
Category : Business & Economics
Languages : en
Pages : 358

Book Description
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 PDF Author: Cato Institute
Publisher: Cato Institute
ISBN: 1933995912
Category : Law
Languages : en
Pages : 698

Book Description
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 PDF Author: Charles de Secondat baron de Montesquieu
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 468

Book Description


Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

Book Description
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.

Two Treatises of Government

Two Treatises of Government PDF Author: John Locke
Publisher:
ISBN: 9787500426516
Category : Liberty
Languages : en
Pages : 0

Book Description


Understanding Democracy

Understanding Democracy PDF Author: John J. Patrick
Publisher: Oxford University Press
ISBN: 0195311973
Category : Juvenile Nonfiction
Languages : en
Pages : 113

Book Description
Explains the core concepts of democracy.

Legal Guide for Police

Legal Guide for Police PDF Author: John C. Klotter
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 198

Book Description
New areas covered by the latest edition of this work include liability for failure to follow guidelines and limitations on police power. Among the topics discussed are detention without probable cause, arrest with and without a warrant, rules for questioning a subject, use of force in making arrests, search and seizure with and without a warrant and pre-trial identification guidelines.

The Power of the Powerless: Citizens Against the State in Central Eastern Europe

The Power of the Powerless: Citizens Against the State in Central Eastern Europe PDF Author: Vaclav Havel
Publisher: Routledge
ISBN: 1315487357
Category : Political Science
Languages : en
Pages : 228

Book Description
Designed as an introduction to emergency management, this book includes pieces on: social, political, and fiscal aspects of risk management; land-use planning and building code enforcement regulations; insurance issues; emergency management systems; and managing natural and manmade disasters.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights PDF Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.