5 edition of rule of law, justice, and interpretation found in the catalog.
Includes bibliographical references (p. -330) and index.
|Statement||Luc B. Tremblay.|
|LC Classifications||KE4238 .T73 1997|
|The Physical Object|
|Pagination||xviii, 337 p. ;|
|Number of Pages||337|
|LC Control Number||98138931|
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The Rule of Law, Justice, and Interpretation starts a new phase of Charter interpretation by challenging prevailing doctrines of Charter and constitutional interpretation and suggesting that the ultimate rule of justification of our law is not in fact the Constitution but the very concept of the rule of law.".Cited by: 7.
Book Info Rule of Law, Justice, and Interpretation. Book Description: 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.
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.
The Rule of Law, Justice, and Interpretation starts a new phase of Charter interpretation by challenging prevailing doctrines of Charter and constitutional interpretation and suggesting that the ultimate rule of justification of our law is not in fact the Constitution but the very concept of the rule of law.".
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.
In this groundbreaking book by best-selling authors Justice Antonin Scalia and Bryan A. Garner, all the most important principles of constitutional, statutory, and contractual interpretation are systematically explained in an engaging and informative style-including several hundred illustrations from actual by: This book explains and defends the concept of the rule of law as an ideal of constitutionalism, and discusses the general principles of public law set in the broader perspective of legal and political philosophy.
Although primarily an essay in constitutional theory, its practical implications are fully explained by reference to case-law examples. The Rule of Law, Justice, and Interpretation starts a new phase of Charter interpretation by challenging prevailing doctrines of Charter and constitutional interpretation and suggesting that the ultimate rule of justification of our law is not in fact the Constitution but the very concept of the rule of law.".Author: Luc B.
Tremblay. justice; on the contrary it requires, as a part of the ideal of law, that the rules in the rule of law book capture and enforce mora l right.” UN Secretary-General ’s Report on the rule of law and Author: Anthony Valcke. The rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights norms and standards.
Justice Antonin Scalia (–) 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. ] JUSTICE SCALIA AND THE RULE OF LAW 11 law students If his dissents are provocative and memorable, they will appear in law school casebooks, and if they are in the casebooks, they will be read by law students who might well decide that his views about the original meaning of the Written Constitution are persuasive This madeFile Size: KB.
The rule of law, justice and interpretation. [Luc Tremblay] -- 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.
The Four Universal Principles. The rule of law is a durable system of laws, institutions, and community commitment that delivers four universal principles: The government as well as private actors are accountable under the law. From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law.
This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political. The substantive interpretation holds that the rule of law intrinsically protects some or all individual rights.
The functional interpretation of the term "rule of law", consistent with the traditional English meaning, contrasts the "rule of law" with the " rule of man ". From the opening scenes of this book to the final poignant chapter, Rule of Law grabs you, slides you to the edge of your reading chair, and leaves you there.
The action, the legal insight, the politics all of it feels like its playing out on the big screen, taking its place beside other government/legal thrillers like The Pelican Brief or /5.
"This book offers a comprehensive—indeed magisterial—account of and argument for a more or less unified approach to the interpretation of legal items—rules, regulations, statutes, contracts, wills, trusts, and constitutions.
Its thesis is novel and will generate both thought and controversy. The principle of legality is a rule of statutory interpretation: if Parliament intends to interfere with fundamental rights or principles, or to depart from the general system of law, then it must express that intention by clear and unambiguous language.
Judicial interpretation of the rule of law. The courts have interpreted the rule of law through a selection of cases that have examined the legality, the irrationality or the procedural impropriety of the actions of the executive or public bodies, or whether their actions conform to the Human Rights Act The main principles of the rule.
The Practice Manual guides attorneys and representatives on practice. before the immigration courts. To download the entire OCIJ Practice Manual as one document click here (PDF).
For the application of the Immigration Court Practice Manual to cases pending on July 1,please click here (PDF). Updates: June - February Dworkin advocated a "moral reading" of the United States Constitution, and an interpretivist approach to law and morality.
He was a frequent commentator on contemporary political and legal issues, particularly those concerning the Supreme Court of the United States, often in Alma mater: Harvard College, Magdalen College.
Mississippi Rules of Criminal Procedure (effective July 1, ) Uniform Chancery Court Rules. Mississippi Rules of Evidence. Mississippi Rules of Appellate Procedure. Mississippi Electronic Courts Administrative Procedures.
Appellate E-Filing Administrative Procedures. Uniform Rules of Procedure for Justice. Conflicts of Law and Equity in The Merchant of Venice William Carlos Williams once said that "Shakespeare is the greatest university of them all" (qtd.
in Kornstein xiii). This is especially true with respect to the law: a dedicated scholar can discover a wealth of information on legal issues in Shakespeare's works. The Bingham Centre for the Rule of Law, JUSTICE and the Public Law Project have produced a full introduction to the Act and its interpretation, aimed at lawyers and judges approaching it for the first time (Judicial Review and the Rule of Law: An Introduction to the Criminal Justice and Courts ActPart 4, October ).
This paper provides an. The rule of law and justice 16 Adjudication and changing values 17 Chapter Three 3. The rule of law and justice under South Africa’s parliamentary sovereignty system 21 Rule of law and justice under colonial era 21 The rule of law and justice under apartheid period - Jennings believed that the legal concept of the rule of law should have some key features: the state as a whole must be regulated by law, implicit SoP, police powers must be clearly defined, clear general rules interpreted and applied by the courts criminal statutes should be interpreted strictly and equality and liberty are also features of.
Such evolutions with an important art of interpretation have ensured principles of rule of law and equal justice or justice at door step in the developing country like India. But here it is important to mention that the manner and expansion of interpretation by judiciary has been criticized by many and termed as ‘over judicial activism.
What is the Rule of Law. At its most basic level the rule of law is the concept that both the government and citizens know the law and obey it. However the rule of law is also much larger than this.
The relevance of the rule of law, and an understanding of its concepts, has it’s origins in the Magna Carta. A government of law and not of men. Distinguished from the rule of man where, for example, in a monarchy, tyrannical or theocratic form of government, governance and rules of conduct is set and altered at the discretion of a single person, or a select group of persons.
In a political system which adheres to the paramountcy of the rule of law, the law is supreme over the acts of the government. The Greek philosopher, Plato, believed that law should provide inner harmony and justice in the State and that law and justice could be used as moral educators.
Access to justice and the rule of law are interrelated concepts. Rule of law is the tool that we use to facilitate our endeavour to achieve justice/5. Enacted laws, especially the modern acts and rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation or construction.
But the experience of all those who have to bear and share the task of application of the law has been different. the rule of law and the reality of islamic nation states So far, we have focused on the conceptual compatibility between the rule of l aw and the Islamic ideal of a social order.
BY LISA BURTON CRAWFORD. In Australian Communist Party v The Commonwealth, Justice Dixon famously asserted that the rule of law ‘forms an assumption’ of the Australian Constitution.
This has been cited and repeated with such frequency that it might appear to be a well-established principle of law. A quick search of Australian legal databases will reveal hundreds of cases that contain the. Rule of law is a procedure which generally used by courts to give justice to citizens.
In other meaning, it can be said that every individual have to follow rules proposed by law for justice. Justice is more wider. It can be defined as outcome of. University of Chicago Press has just published Justice Scalia: Rhetoric and the Rule of Law by McGeorge professors Brian G.
Slocum (Editor) and Francis J. Mootz III (Editor). The book project began with a conference in May hosted at McGeorge. The participants at that conference became contributors to the book, and the chapters reflect broad and diverse perspectives: from.
Thick Law, Thin Justice. rules consequentially derived from—and instrumentally serve—the funda-mental values of human welfare and human flourishing.
This raises the pos-sibility of either a third pillar that directly promotes these values or a list of human rights Author: Patrick Macklem.
The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: the literal rule the golden rule the mischief rule the purposive approach.
These rules each take different approaches to interpretation of a statute. Some judges prefer. “The passage that he had found in the book had been riddled with ambiguities and contradictions only reserved for those most valiant in overriding their legalistic forbearance into a necessary frenzy that would allow them to suitably work up a case for one side or the other on how the Law, without the possibility of misinterpretation, states If ABC, then DEF—or for the sake of.
The rule of law protects us from tyranny. But it also keeps everyone on the same page. The law is clearly spelled out, and everyone knows what is expected of him. But that week, police forces weren’t enforcing the law; they were acting on their own interpretation of a few comments from the prime minister.
A Note From the SLS Conference at Oxford. Every student of law will know about the ‘sources of law’: statues, judicial reasoning, European legislation and cases. They will be familiar with the cannons of statutory interpretation, the so called Literal, Golden and Mischief rules, purposive and contextual interpretation.
All students will have studied.The Concepts of Law, Authority and Justice Laws in this sense mean prescriptive legal rules, as opposed to descriptive patterns of cause and effect in nature. They are the laws of society’s making, rather than the laws of science.
There are certain characteristics of these laws; they are designed.