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Sovereignty's Promise: The State as Fiduciary

Evan Fox-Decent

Abstract

Political theory is concerned with the justification and limits of state power. Its questions include: Can states legitimately direct and coerce nonconsenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. Its questions include: On what grounds can judges ‘read down’ or ‘read in’ statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original fiduciary theory of authority that yields ... More

Keywords: rule of law, authority, constitutionalism, fiduciary, sovereignty, Kant, Hobbes, administrative law, common law

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780199698318
Published to Oxford Scholarship Online: January 2012 DOI:10.1093/acprof:oso/9780199698318.001.0001

Authors

Affiliations are at time of print publication.

Evan Fox-Decent, author
Associate Professor, McGill University