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.

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

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.

Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.

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.

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A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

In all societies, past and present, many persons and groups have been subject to domination. Properly understood, domination is a great evil, the suffering of which ought to be minimized so far as possible. Surprisingly, however, political and social theorists have failed to provide a detailed analysis of the concept of domination in general. This study aims to redress this lacuna. It argues first, that domination should be understood as a condition experienced by persons or groups to the extent that they are dependent on a social relationship in which some other person or group wields arbitrary power over them; this is termed the 'arbitrary power conception' of domination. It argues second, that we should regard it as wrong to perpetrate or permit unnecessary domination and, thus, that as a matter of justice the political and social institutions and practices of any society should be organized so as to minimize avoidable domination; this is termed 'justice as minimizing domination', a conception of social justice that connects with more familiar civic republican accounts of freedom as non-domination. In developing these arguments, this study employs a variety of methodological techniques - including conceptual analysis, formal modelling, social theory, and moral philosophy; existing accounts of dependency, power, social convention, and so on are clarified, expanded, or revised along the way. While of special interest to contemporary civic republicans, this study should appeal to a broad audience with diverse methodological and substantive interests.