Limiting Arbitrary Power

Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this, the 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 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.

Records and archival arrangements in Australia are globally relevant because Australia’s indigenous people represent the oldest living culture in the world, and because modern Australia is an ex-colonial society now heavily multicultural in outlook. Archives and Societal Provenance explores this distinctiveness using the theoretical concept of societal provenance as propounded by Canadian archival scholars led by Dr Tom Nesmith. The book’s seventeen essays blend new writing and re-workings of earlier work, comprising the fi rst text to apply a societal provenance perspective to a national setting. After a prologue by Professor Michael Moss entitled A prologue to the afterlife, this title consists of four sections. The first considers historical themes in Australian recordkeeping. The second covers some of the institutions which make the Australian archival story distinctive, such as the Australian War Memorial and prime ministerial libraries. The third discusses the formation of archives. The fourth and final part explores debates surrounding archives in Australia. The book concludes by considering the notion of an archival afterlife. Presents material from a life’s career working and thinking about archives and records and their multiple relationships with history, biography, culture and society The first book to focus specifically on the Australian archival scene Covers a wide variety of themes, including: the theoretical concept of the records continuum; census records destruction; Prime Ministerial Libraries; and the documentation of war

Ben-Dor (law, U. of Southampton) developed this book concerning critical constitutionalism from his doctoral thesis at University College London. In it, he interprets unpublished and recently published texts by Jeremy Bentham (1748-1832), first reconstructing the most general argument about Bentham's legal and political thought as a founder of utilitarianism, and then analyzing Bentham's work within the context of contemporary debates in legal and political philosophy. He concludes that the technical and reductionist methodology associated with utilitarianism don't do justice to the theory, which identifies the maximization of pleasure as the most fundamental self-interest guiding people. Distributed by ISBS. c. Book News Inc.

Friedrich Hayek was the 20th century’s most significant free market theorist and over the course of his long career he developed a critique of the danger that state power poses to individual liberty. In rejecting much of the liberal tradition’s concern for social justice and democratic participation, Hayek would help clear away many intellectual obstacles to the emergence of neoliberalism in the last quarter of the 20th century. At the core of this book is a new interpretation of Hayek, one that regards him as an exponent of a neo-Roman conception of liberty and interprets his work as a form of ‘market republicanism’. It examines the contemporary context in which Hayek wrote, and places his writing in the long republican intellectual tradition. Hayek’s Market Republicanism will be of interest to advanced students and researchers across the history of economic thought, the history of political thought, political economy and political philosophy.

Available open access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.

This analysis of all of Locke's publications quickly became established as the standard edition of the Treatises as well as a work of political theory in its own right.

Designed as an introduction to emergency management, this book includes pieces on: social, political, and fiscal aspects of risk management; land-use planning and building code enforcement regulations; insurance issues; emergency management systems; and managing natural and manmade disasters.

In his major new work, David Boucher surveys the history of thinking about human rights and shows that far from being seen as universal and emancipatory, they have almost always privileged certain groups in relation to others.