Towards a Thick Ethical Conception of The Rule of Law in Canadian Society

• Author(s) / Creator(s)

  • Nye, Hillary Rose

• SSHRC IDG awarded 2021: My proposed research project seeks to address the prevalence of a narrow and undertheorized vision of the rule of law in Canadian society. I aim to tackle this problem through three objectives. Objective 1 is to further develop my account of the theoretical underpinnings of the rule of law. I argue that the rule of law is a thick ethical concept: it demands that we be governed by our rules and shared institutional history, but in a way that is attentive to the values of equality and autonomy, rather than a legalistic way. Objective 2 is to use this theory to examine the ways Canadian courts discuss the rule of law. I will research the use of the rule of law by Canadian courts, and write a critical piece applying my theory to judicial decisions in Canada. Objective 3 is to bring my theory to bear on more immediate issues in the media, such as the Wet'suwet'en protests, and argue for a more nuanced understanding of the rule of law in public forums. These pieces will provide a counterpoint to the prevalent understanding of the rule of law as a constraint on people rather than governments.

• Date created

  2021-02-01

• Subjects / Keywords

  • Insight Development Grant
  • IDG
  • SSHRC
  • Rule of Law
  • Philosophy of Law
  • Political Theory
  • Legitimacy
  • Arbitrary Power
  • Canadian courts
  • Constitutional Law
  • Autonomy
  • Philosophy
  • Law
  • Justice
  • Politics
  • Government
  • Ethics
  • 1982AD-2020AD
  • North America
  • International
  • Canada

• Type of Item

  Research Material

• DOI

  https://doi.org/10.7939/r3-5qf4-5657

• License

  ©️Nye, Hillary Rose. All rights reserved other than by permission. This document embargoed to those without UAlberta CCID until 2025.