The Rule of Law, Justice, and Interpretation.
- Montreal : McGill-Queen's University Press, 1997.
1 online resource (356 pages)
- Rule of law -- Canada.
Justice, Administration of -- Canada.
- Electronic books.
- In The Rule of Law, Justice, and Interpretation Luc Tremblay analyses and refutes the positivist legal theory that prevails in Canadian constitutional practice. Using the techniques of critical theory, hermeneutic interpretation, and analytical jurisprudence he shows that the dominant interpretations of the central legal doctrines of the rule of law and the sovereignty of Parliament are incoherent. The analysis opens the way for the construction of a bold alternative theory of legal discourse and practice based on the concept of the rule of law itself.
PART ONE: ORTHODOX CONSTITUTIONAL THEORY
1 The Basic Postulates
2 The Rule of Law
3 The Sovereignty of Parliament
PART TWO: AN ALTERNATIVE CONSTITUTIONAL THEORY
4 The Rule of Law as "Idealtype
5 The Rule of Law as Certainty
6 The Rule of Law as Justice
7 The Rule of Law as Justice in Canada
8 Verification of the Alternative Theory
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- Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2021. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
- Other format:
- Print version: Tremblay, L. The Rule of Law, Justice, and Interpretation
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