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
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