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Attacks on the Rule of Law from Within

Grounded on the intuition that the legal profession supports the rule of law, these 6 papers examine the historical perspective on threats to the rule of law, the sufficiency of the current Canadian legal framework to support this ideal and how the principle of stare decisis as observed by the Supreme Court of Canada undermines the spirit of the rule of law.
Publication Language: English
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$115.00
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Softcover | 208 pages

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ISBN/ISSN: 9780433502869

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This volume is a collection of six papers developed from the Runnymede Society’s 2018 national conference by a community of legal experts in response to Supreme Court of Canada Justice Rosalie Abella’s comment that “the phrase ‘rule of law’ annoys her”.

Grounded on the intuition that the legal profession supports the rule of law, the papers examine the historical perspective on threats to the rule of law, the sufficiency of the current Canadian legal framework to support this ideal and how the principle of stare decisis as observed by the Supreme Court of Canada undermines the spirit of the rule of law. The volume also discusses how the law relating to Aboriginal title and the duty to consult fails to adhere to the Rule of Law standards and therefore to the detriment of indigenous and non-indigenous Canadians alike.

Features

  • In-depth study of origins of legal theories
  • Focused examination of impact of doctrine of rule of law on development of aboriginal law in Canada
  • Thought-provoking critiques from leading scholars of grounded legal doctrines
  • Critical appraisal of the history of legal education in Canada

Attacks on the Rule of Law from Within is a collection of papers developed out of Supreme Court Law Review, Second Series.

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Table of contents

Maxime St-Hilaire and Joanna Baron: Introductory Essay: The Rule of Law as the Rule of Artificial Reason 

Ryan Alford: The Origins of Hostility to the Rule of Law In Canadian Academia: A History Of Administrativism & Anti-Historicity

Léonid Sirota: The Rule of Law All the Way Up

Dwight Newman: The State of Stare Decisis and the Rule of Law

Brian Bird and Michael Bookman: Stare Decisis and the Charter

Malcolm Lavoie: Aboriginal Rights and the Rule of Law