Sovereignty's Promise: The State as Fiduciary

Sovereignty's Promise: The State as Fiduciary

by Evan Fox-Decent

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Product Details

ISBN-13: 9780199698318
Publisher: Oxford University Press
Publication date: 02/20/2012
Series: Oxford Constitutional Theory Series
Pages: 335
Product dimensions: 6.20(w) x 9.30(h) x 1.00(d)

About the Author

Evan Fox-Decent is Assistant Professor of the Faculty of Law, McGill University. He teaches and publishes in legal theory, administrative law, First Nations and the law, immigration law, the law of fiduciaries, and human rights. He has worked on human rights and democratic governance reform in Latin America since 1987.
He has served with the UN Verification Mission in Guatemala (1996-99), and has consulted on behalf of numerous development and research agencies, as well as on behalf of legal institutions in Latin America, including the Supreme Court of Venezuela, the European Union, the World Bank, the International Development Bank, USAID, and Canada's International Development Research Centre.

Table of Contents

Prologue: Hobbes and Legal Order
1: Introduction: The State as Fiduciary and the Rule of Law
2: Seeking Sovereignty
3: Some Objections
4: Fiduciary Relationships and the Presumption of Trust
5: The Duty to Obey the Law
6: Judicial Ambivalence to Public Fiduciary Duties
7: Procedural Fairness - A Pandora's Box of Legality
8: Administrative Law as Solicitude - Reasonable Decision-Making
9: The Rule of Law and Human Rights
Prologue: Hobbes And The Power/Authority Distinction
1. Introduction: The State As Fiduciary And The Rule Of Law
2. Seeking Sovereignty
3. Paternalism, Competing Claims And The (Not So) Sui Generis Nature Of The Crown-Native Relationship
4. Fiduciary Relationships And The Presumption Of Trust
5. The Duty To Obey The Law
6. Judicial Ambivalence To Public Fiduciary Duties
7. Procedural Fairness - A Pandora's Box Of Legality
8. Administrative Law As Solicitude - Reasonable Decision-Making
9. The Rule Of Law And Human Rights

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