Sentences with phrase «vagueness doctrine»

For a recent examination by the Supreme Court of Canada of the void for vagueness doctrine see, R. v. Levkovic 2013 SCC 25 (CanLII), [2013] 2 S.C.R. 204, which reaffirms that it is a doctrine of the rule of law, and of «fundamental justice» now enshrined within the Canadian Charter of Rights and Freedoms, section 7.

He wrote: «Although today's vagueness doctrine owes much to the guarantee of fair notice embodied in the due process clause, it would be a mistake to overlook the doctrine's equal debt to the separation of powers.»

I thought there was such thing as a void for vagueness doctrine: /.

Justice Gorsuch wrote separately to express his view that the vagueness doctrine could be traced to English law and the Constitution as it was originally understood.

The court rejected the government's primary argument that the vagueness doctrine did not apply because the case did not involve a criminal statute.

Justice Thomas wrote: «I continue to harbor doubts about whether the vagueness doctrine can be squared with the original meaning of the due process clause — and those doubts are only amplified in the removal context.»

The latter is a novel justification for the vagueness doctrine.

An unsophisticate search for law AND Canada OR Canadian turns up a good bunch of interesting material, starting with Marc Ribeiro's 2005 book, Limiting Arbitrary Power: The Vagueness Doctrine in Canadian Constitutional Law (Vancouver: UBC Press), ISBN 0774810513, with an index that might be useful.

This brief explains why the panel decision is inconsistent with Supreme Court decisions on the vagueness doctrine and the Sentencing Guidelines.

sentencing, sentencing guidelines, due process clause, vagueness doctrine, void for vagueness, United States v. Booker