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Distributed for University of British Columbia Press

Limiting Arbitrary Power

The Vagueness Doctrine in Canadian Constitutional Law

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.

216 pages


Table of Contents

Foreword

Acknowledgments

Introduction

1 The Principle of Legality

2 The Rule of Law

3 The Content of the Vagueness Doctrine

4 The Place of the Vagueness Doctrine in the Charter

Conclusion

Notes

Bibliography

Index

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