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Towards a Thick Ethical Conception of The Rule of Law in Canadian Society
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- Author(s) / Creator(s)
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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.
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- Date created
- 2021-02-01
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- Type of Item
- Research Material
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- License
- ©️Nye, Hillary Rose. All rights reserved other than by permission. This document embargoed to those without UAlberta CCID until 2025.