The Rule Of Law Justice And Interpretation PDF Books

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The Rule Of Law Justice And Interpretation

The Rule Of Law Justice And Interpretation
Author: Luc B. Tremblay
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773516731
Size: 47.18 MB
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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.
The Rule of Law, Justice, and Interpretation
Language: un
Pages: 337
Authors: Luc B. Tremblay
Categories: Law
Type: BOOK - Published: 1997 - Publisher: McGill-Queen's Press - MQUP
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.
Interpretation of Law in the Age of Enlightenment
Language: un
Pages: 193
Authors: Yasutomo Morigiwa, Michael Stolleis, Jean-Louis Halperin
Categories: Philosophy
Type: BOOK - Published: 2011-06-29 - Publisher: Springer Science & Business Media
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
Enhancing the Rule of Law through the International Court of Justice
Language: un
Pages: 180
Authors: Giorgio Gaja, Jenny Grote Stoutenburg
Categories: Business & Economics
Type: BOOK - Published: 2014-07-10 - Publisher: Martinus Nijhoff Publishers
"Enhancing the Rule of Law through the International Court of Justice", edited by Giorgio Gaja and Jenny Grote Stoutenburg, explores the current and possible future contribution of the International Court of Justice to the rule of law in the international community.
Die Federalist papers
Language: de
Pages: 583
Authors: Alexander Hamilton, James Madison, John Jay
Categories: Constitutional history
Type: BOOK - Published: 2007 - Publisher: C.H.Beck
Books about Die Federalist papers
Law, Justice, and the Individual in Society
Language: en
Pages: 446
Authors: June Louin Tapp, Felice J. Levine
Categories: Social Science
Type: BOOK - Published: 1977 - Publisher: Harcourt School
Published for the Society for the Psychological Study of Social Issues.
Dublin University Law Journal
Language: en
Pages:
Authors: June Louin Tapp, Felice J. Levine
Categories: Law
Type: BOOK - Published: 2003 - Publisher:
Books about Dublin University Law Journal
The Rule of Law and the Separation of Powers
Language: un
Pages: 600
Authors: Richard Bellamy
Categories: History
Type: BOOK - Published: 2017-07-05 - Publisher: Routledge
The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
Indian Books in Print
Language: en
Pages:
Authors: Richard Bellamy
Categories: English imprints
Type: BOOK - Published: 1998 - Publisher:
Books about Indian Books in Print
Materials and Problems on Legislation
Language: en
Pages: 567
Authors: Julius Cohen
Categories: Legislation
Type: BOOK - Published: 1949 - Publisher:
Books about Materials and Problems on Legislation
Official Records
Language: en
Pages:
Authors: Julius Cohen
Categories: Maritime law
Type: BOOK - Published: 1982 - Publisher:
Books about Official Records