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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Limiting Arbitrary Power: The Vagueness Doctrine in Canadian Constitutional Law

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ISBN13: 9780774810517
ISBN: 0774810513
Published: August 2005
Publisher: UBC Press
Country of Publication: Canada
Format: Paperback
Price: £27.99

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Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In 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. Acknowledging that to date, the doctrine has yet to be been granted an autonomous status for invalidating legislation, Ribeiro presents an in-depth exploration of the courts' current approach to it, and suggests how this approach may be refined in the future.

He examines in detail the possible situations in which vagueness may become applicable under the Charter, and proposes techniques for legislative drafting in which certainty could be enhanced without compromising the flexibility required in law.

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. The first full-length study of the void-for-vagueness doctrine and its implications in Canadian constitutional law.