Attacks on the rule of law from within / general editors: Joanna Baron (B.A., M.A., B.C.L./LL.B.), Maxime St-Hilaire (LL.B., LL.M., LL.D.).
2019
KE4238 .L39 2018
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Title
Attacks on the rule of law from within / general editors: Joanna Baron (B.A., M.A., B.C.L./LL.B.), Maxime St-Hilaire (LL.B., LL.M., LL.D.).
Imprint
Toronto, Ontario : LexisNexis Canada Inc., 2019.
Copyright
©2019
Description
xix, 183 pages ; 23 cm
Formatted Contents Note
Introductory essay : the rule of law as the rule of artificial reason / Maxime St-Hilaire and Joanna Baron
The origins of hostility to the rule of law in Canadian academia : a history of administrativism and anti-historicity / Ryan Alford
The rule of law all the way up / Léonid Sirota
The state of stare decisis and the rule of law / Dwight Newman
Stare decisis and the charter / Brian Bird and Michael Bookman
Aboriginal rights and the rule of law / Malcolm M. Lavoie.
The origins of hostility to the rule of law in Canadian academia : a history of administrativism and anti-historicity / Ryan Alford
The rule of law all the way up / Léonid Sirota
The state of stare decisis and the rule of law / Dwight Newman
Stare decisis and the charter / Brian Bird and Michael Bookman
Aboriginal rights and the rule of law / Malcolm M. Lavoie.
Summary
"This volume is a collection of six papers developed from the Runnymede Society's 2018 national conference by a community of legal experts in response to Supreme Court of Canada Justice Rosalie Abella's comment that "the phrase 'rule of law' annoys her". Grounded on the intuition that the legal profession supports the rule of law, the papers examine the historical perspective on threats to the rule of law, the sufficiency of the current Canadian legal framework to support this ideal and how the principle of stare decisis as observed by the Supreme Court of Canada undermines the spirit of the rule of law. The volume also discusses how the law relating to Aboriginal title and the duty to consult fails to adhere to the Rule of Law standards and therefore to the detriment of indigenous and non-indigenous Canadians alike. Features: In-depth study of origins of legal theories ; Focused examination of impact of doctrine of rule of law on development of aboriginal law in Canada ; Thought-provoking critiques from leading scholars of grounded legal doctrines ; Critical appraisal of the history of legal education in Canada."--Publisher's website.
Note
A collection of essays presented at Law & Freedom Conference, presented by Runnymede Society, held at University of Toronto from January 12-13, 2018.
Includes table of cases.
Includes table of cases.
Bibliography, etc. Note
Includes bibliographical references.
Call Number
KE4238 .L39 2018
Language
English
ISBN
9780433502869 (softcover)
043350286X (softcover)
043350286X (softcover)
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