Redeeming the Promise of Our Laws
AbstractIn this article, Tingle challenges the claim that reason is the agency by which judges determine the disposition of cases. He engages readers in a deconstruction of both liberal and communitarian rational arguments of the Charter of Rights and Freedoms to demonstrate that the outcome of his deconstructive reading is to render the Charter adjudication impossible as a rational enterprise. Tingle then makes the argument that ethics will permit the reconstitution of reason and the law and that ethics, which he separates from politics, escapes the deconstructive critique.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.