Private Rights and the Rule of Law

This volume interrogates assumptions that the rule of law – a concept typically associated with public law – has little to say about private law. This collection of papers showcase how the rule of law’s core tenets are also principles that reinforce private rights.

Publication Language: English

Published: April 09, 2025

Publisher: LexisNexis Canada

Product Format Details Qty
Book
$130.00
In Stock ISBN: 9780433533764
Softcover | 360 pages

 

Private law governs relationships between private parties without the direct involvement of the government. While many such matters are not governed by law at all, others are subject to the common law of property, contract, and tort.

Private Rights and the Rule of Law interrogates assumptions that the rule of law – a concept typically associated with public law – has little to say about private law. This volume of special essays showcase how the rule of law’s core tenets are also principles that reinforce private rights.

The Collection of Papers

  1. Gerard J. Kennedy, Malcolm Lavoie, K.C. & Kristopher E.G. Kinsinger – Private Rights and the Rule of Law: A Preface
  2. The Honourable Suzanne Côté – The Rule of Law Since Roncarelli v. Duplessis: Private Liability for Public Officials
  3. Suzanne Chiodo – Equal Justice Under Law: Civil Recourse Theory, Access to Justice and the Rule of Law in Canada
  4. Tamar Meschel – Arbitration, Courts and the Rule of Law Post-Uber
  5. Samuel Beswick – Equality Under Ordinary Law
  6. Kerry Sun & Stéphane Sérafin – The Nominalism of the New Nominate Torts
  7. Malcolm Lavoie – Property Rights, Takings and the Rule of Law: Assessing Annapolis Group v. Halifax Regional Municipality
  8. Moin A. Yahya – Regulatory Takings and Restraints on Alienation: Two Sides of the Same Coin?
  9. Amitpal C. Singh – Aboriginal Title and Equity’s Darling
  10. Allison Jandura – Foundations of Spousal Support Within the Rule of Law
  11. Gerard J. Kennedy & Kristopher E.G. Kinsinger – Justiciability, Religious Tenets, and Private Law Causes of Action: Towards a Predictable Framework

Private Rights and the Rule of Law is a collection of papers developed out of the Supreme Court Law Review, Third Series.

View the table of contents

PRIVATE RIGHTS AND THE RULE OF LAW: A PREFACE

THE RULE OF LAW SINCE RONCARELLI V. DUPLESSIS: PRIVATE LIABILITY FOR PUBLIC OFFICIALS

PART 1 — PRIVATE RIGHTS AND COURTS

PART 2 — THE RULE OF LAW AND TORTS

PART 3 — THE RULE OF LAW AND PROPERTY RIGHTS

PART 4 — THE LIMITS OF PRIVATE LAW

TABLE OF CASES

INDEX

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