Rule Of Law Justice And Interpretation
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Rule Of Law Justice And Interpretation
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Author : Luc B. Tremblay
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 1997-10-24
Rule Of Law Justice And Interpretation written by Luc B. Tremblay and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-10-24 with Law categories.
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.
Cardinal Rules Of Legal Interpretation
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Author : Edward Beal
language : en
Publisher:
Release Date : 1896
Cardinal Rules Of Legal Interpretation written by Edward Beal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1896 with Law categories.
The Rule Of Law
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Author : Cheryl Saunders
language : en
Publisher: Federation Press
Release Date : 2003
The Rule Of Law written by Cheryl Saunders and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Rule of law categories.
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.
The Rule Of Law In Comparative Perspective
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Author : Mortimer Sellers
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-07-23
The Rule Of Law In Comparative Perspective written by Mortimer Sellers and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-23 with Law categories.
This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.
How To Do Things With Rules
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Author : William Twining
language : en
Publisher: Cambridge University Press
Release Date : 1999-05
How To Do Things With Rules written by William Twining and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-05 with Law categories.
"Demystifies legal method by combining a wide variety of concrete examples with a general account of rules in general." - cover.
Interpretation Of Law In The Age Of Enlightenment
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Author : Yasutomo Morigiwa
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-06-29
Interpretation Of Law In The Age Of Enlightenment written by Yasutomo Morigiwa and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-29 with Philosophy categories.
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.
The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat
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Author : James R. Silkenat
language : en
Publisher: Springer
Release Date : 2014-05-28
The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat written by James R. Silkenat and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-28 with Law categories.
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.
National Courts And The International Rule Of Law
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Author : André Nollkaemper
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-10-11
National Courts And The International Rule Of Law written by André Nollkaemper and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-11 with Law categories.
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.
Original Meaning Jurisprudence
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Author :
language : en
Publisher:
Release Date : 1987
Original Meaning Jurisprudence written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Constitutional law categories.
The Rule Of Law History Theory And Criticism
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Author : Pietro Costa
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-05-06
The Rule Of Law History Theory And Criticism written by Pietro Costa and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-06 with Law categories.
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.