Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this 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 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.
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.
Marc Ribeiro holds a Bachelor of Laws from the Universite de Montreal, and a Doctor of Jurisprudence from Osgoode Hall. He is a Member of the Bar of Quebec.
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