Rule Of Law Justice And Interpretation

Author : Luc B. Tremblay
Publisher : McGill-Queen's Press - MQUP
Page : 360 pages
File Size : 48,8 Mb
Release : 1997-10-24
Category : Law
ISBN : 9780773566910

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Rule of Law, Justice, and Interpretation by Luc B. Tremblay Pdf

Tremblay's theory of the rule of law involves a set of practical principles that constitute the ideal type of a conception of law that is both constitutive and regulative of legal discourse and practice. Tremblay examines two competing ideal types, the "rule of law as certainty" and the "rule of law as justice." The former, a standard doctrine within contemporary legal, social, and political theory, is shown to be incoherent. Thus the "rule of law as justice," he shows, provides the best basis for understanding legal discourse in general and Canadian constitutional law in particular. Tremblay offers a coherent reconstruction of Canadian law from fundamental principles of the rule of law as justice and tests the theory through applications to key judicial decisions that have proven resistant to positivist interpretation. The Rule of Law, Justice, and Interpretation is both a stimulating work of contemporary legal theory and an innovative challenge to the traditions of Canadian constitutional law. Tremblay examines fundamental issues of legal epistemology and ontology and brings rigorous analytical jurisprudence to bear on interpretations and applications specific to Canadian constitutional law. Given the important implications of his theory for statutory and constitutional interpretation, especially with respect to the Canadian Charter of Rights and Freedoms and the potential crisis involving provincial rights of secession and partition, this book will be central to the practice of law in Canada.

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 43,6 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Yasutomo Morigiwa,Michael Stolleis,Jean-Louis Halperin
Publisher : Springer Science & Business Media
Page : 198 pages
File Size : 51,7 Mb
Release : 2011-06-29
Category : Philosophy
ISBN : 9789400715066

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Interpretation of Law in the Age of Enlightenment by Yasutomo Morigiwa,Michael Stolleis,Jean-Louis Halperin Pdf

A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Cheryl Saunders,Katherine Le Roy
Publisher : Federation Press
Page : 222 pages
File Size : 51,7 Mb
Release : 2003
Category : Business & Economics
ISBN : 186287459X

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The Rule of Law by Cheryl Saunders,Katherine Le Roy Pdf

This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada), and Troper (France). The essays cover issues such as: the debate about the meaning and application of the rule of law; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government; international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush to the indictment of Slobodan Milosevic at the War Crimes Tribunal.

Author : James R. Silkenat,James E. Hickey Jr.,Peter D. Barenboim
Publisher : Springer
Page : 367 pages
File Size : 52,7 Mb
Release : 2014-05-28
Category : Law
ISBN : 9783319055855

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The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by James R. Silkenat,James E. Hickey Jr.,Peter D. Barenboim Pdf

This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

Author : Trevor R. S. Allan
Publisher : Oxford University Press, USA
Page : 348 pages
File Size : 44,9 Mb
Release : 2003
Category : Law
ISBN : 019926788X

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Constitutional Justice by Trevor R. S. Allan Pdf

Scope of Judicial Review

Author : Edward Beal
Publisher : Unknown
Page : 386 pages
File Size : 46,6 Mb
Release : 1896
Category : Law
ISBN : OSU:32437122039684

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Cardinal Rules of Legal Interpretation by Edward Beal Pdf

Author : Michel Bastarache
Publisher : Unknown
Page : 216 pages
File Size : 52,5 Mb
Release : 2008
Category : Law
ISBN : 0433458453

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The Law of Bilingual Interpretation by Michel Bastarache Pdf

"Canadian lawyers, legal academics and particularly judges face a constant challenge when interpreting bilingual federal or, in some cases, provincial legislation. While statutes are drafted in a manner that aspires to have both versions mirror one another, in practice, dual versions are often open for different interpretations, a situation that can prove extremely problematic."--pub. desc.

Author : William Twining,David Miers
Publisher : Cambridge University Press
Page : 500 pages
File Size : 43,5 Mb
Release : 1999-05
Category : Law
ISBN : 0406904081

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How to Do Things With Rules by William Twining,David Miers Pdf

"Demystifies legal method by combining a wide variety of concrete examples with a general account of rules in general." - cover.

Author : André Nollkaemper
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 47,6 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780199668151

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National Courts and the International Rule of Law by André Nollkaemper Pdf

Domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. This book comprehensively explores this issue and focuses mainly on judicial control of exercise of public powers by states.

Author : Antonin Scalia,Bryan A. Garner
Publisher : West Publishing Company
Page : 0 pages
File Size : 40,9 Mb
Release : 2012
Category : Judicial process
ISBN : 031427555X

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Reading Law by Antonin Scalia,Bryan A. Garner Pdf

In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Author : Brian G. Slocum,Francis J. Mootz III
Publisher : University of Chicago Press
Page : 268 pages
File Size : 53,9 Mb
Release : 2019-03-06
Category : Law
ISBN : 9780226601823

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Justice Scalia by Brian G. Slocum,Francis J. Mootz III Pdf

Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Author : Scott Brewer
Publisher : Routledge
Page : 401 pages
File Size : 51,5 Mb
Release : 2013-06-17
Category : Philosophy
ISBN : 9781135643027

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Precedents, Statutes, and Analysis of Legal Concepts by Scott Brewer Pdf

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.

Author : Adam Przeworski,José María Maravall
Publisher : Cambridge University Press
Page : 338 pages
File Size : 41,9 Mb
Release : 2003-07-21
Category : Law
ISBN : 0521532663

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Democracy and the Rule of Law by Adam Przeworski,José María Maravall Pdf

This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.