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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Limiting Arbitrary Power

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ISBN13: 9780774810500
ISBN: 0774810505
Published: July 2006
Publisher: UBC Press
Format: Hardback
Price: £57.95



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. 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.

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