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Evan Fox-Decent

Associate Professor

3674 Peel Street
Room 201
Montreal, Quebec
Canada H3A 1W9

514-398-6628 [Office]
514-398-3233 [Fax]
evan [dot] fox-decent [at] mcgill [dot] ca (Email)

 Evan Fox-Decent


Read: Publications on SSRN
Download: Curriculum vitae & publications list [.pdf] (February 2014)
Focus online: Research profile: Evan Fox-Decent and Vìctor Muñiz-Fraticelli (Dec. 2010)


Biography

Evan Fox-Decent teaches and publishes in legal theory, political theory, administrative law, immigration and refugee law, fiduciary law, and international law.

In 2012, Professor Fox-Decent's book, Sovereignty’s Promise: The State as Fiduciary, was shortlisted by the Canadian Political Science Association for its tenth C.B. Macpherson Prize for best book published in English or French related to political theory.

He is currently working on two monographs. International Law and the Fiduciary Constitution of Sovereignty (with Evan Criddle) (OUP, forthcoming 2015) and Law's Legitimacy: The Legal and Political Philosophy of Thomas Hobbes.

Professor Fox-Decent is happy to supervise students working on legal theory, issues at the intersection of legal theory and political theory or philosophy, or early modern legal history.

Education

Ph.D. in Philosophy, 2004, University of Toronto (1995-1996, 1999-2004) (Dissertation: “Sovereignty’s Promise: The State as Fiduciary”)

Juris Doctor, 2000 (with honours), University of Toronto (1994-1996, 1999-2000)

Master of Arts (with distinction), University of Manitoba (1991-1993) (Thesis: “Anarchal Egalitarianism: Happiness, Equality and a Denial of Self-Ownership”)

Pre-Master of Arts, 1991, University of Manitoba (1990-1991)

Bachelor of Arts (Dean’s Honour List), University of Manitoba (1985-1987, 1989-1990)

Employment

Associate Professor, McGill University, Faculty of Law, 2011-

Assistant Professor, McGill University, Faculty of Law, 2005-2011

SSHRC Post-doctoral Fellow, McGill University, Faculty of Law, 2003-2005

University Instructorships, University of Toronto, Dept. of Philosophy, 2000-2002

United Nations Verification Mission in Guatemala (MINUGUA), Human Rights Observer and Project Officer, 1996-1999

University Instructorships, University of Manitoba, Dept. of Philosophy, 1991-1995

Areas of Interest

Legal and political theory, the rule of law, administrative law, the law of fiduciaries, First Nations and the law, human rights.

Selected Publications

Works in progress

“Freedom as Independence” (in progress).

International Law and the Fiduciary Constitution of Sovereignty (with Evan Criddle) (OUP, forthcoming 2015).

Law's Legitimacy: The Legal and Political Philosophy of Thomas Hobbes.

Journal articles

Sovereignty as Trusteeship and Indigenous Peoples” in 16(2) Theoretical Inquiries in Law (forthcoming) (with Ian Dahlman).
SSRN: Sovereignty as Trusteeship and Indigenous Peoples

“Human Rights, Emergencies and the Rule of Law” (2012) 34 Human Rights Quarterly: 39-87 (with Evan J. Criddle).
SSRN: Human Rights, Emergencies, and the Rule of Law

“Contextual Constitutionalism after the UK Human Rights Act 1998” (2012) 61 University of Toronto Law Journal: 133-150.
SSRN: Contextual Constitutionalism

“Interest Balancing vs. Fiduciary Duty: Two Models for National Security Law” (2012) 13(5) German Law Journal: 542-559 (with Evan J. Criddle) (ESIL Special Issue: Ruptures in International Law).
SSRN: Interest Balancing vs. Fiduciary Duty

"Democratizing Common Law Constitutionalism" (2010) 55 McGill Law Journal: 511 - 536.
SSRN: Democratizing Common Law Constitutionalism

"The Fiduciary Constitution of Human Rights" (2010) 15(4) Legal Theory 301 - 336 (with Evan J. Criddle).
SSRN: Fiduciary Constitution of Human Rights

"A Fiduciary Theory of Jus Cogens" (2009) 34 Yale Journal of International Law 331 - 387 (with Evan J. Criddle).
SSRN: A Fiduciary Theory of Jus Cogens

"Is the Rule of Law Really Indifferent to Human Rights?" (2008) 27(6) Law and Philosophy 533 - 581.
SSRN: Is the Rule of Law Really Indifferent to Human Rights?

"Rethinking the Relationship Between International and Domestic Law" (2008) 53(4) McGill Law Journal 573 - 648 (with Armand de Mestral).
SSRN: Rethinking the Relationship Between International and Domestic Law

"Parliamentary Privilege and the Rule of Law" (2007) 20(2) Cdn. Journal of Admin. Law & Practice 117-140.
SSRN: Parliamentary Privilege and the Rule of Law

"Fashioning Legal Authority from Power: The Crown-Native Fiduciary Relationship" (2006) 4 New Zealand Journal of Public and International Law 91 – 116.
SSRN: Fashioning Legal Authority from Power: The Crown-Native Fiduciary Relationship

“The Fiduciary Nature of State Legal Authority” (2005) 31 Queen’s Law Journal 259 – 310.
SSRN: The Fiduciary Nature of State Legal Authority

“Rethinking the Process/Substance Distinction: Baker v. Canada” (2001) 51 University of Toronto Law Journal 193-242 (with David Dyzenhaus).
SSRN: Rethinking the Process/Substance Distinction: Baker v. Canada

“Suresh and Canada’s Legal Obligations regarding Torture” (2001) 12 National Journal of Constitutional Law 425-447.
SSRN: Suresh and Canada's Obligations Regarding Torture

“Why self-ownership is prescriptively impotent” (1998) 32 Journal of Value Inquiry 489-506.
SSRN: Why self-ownership is prescriptively impotent

Books and monographs

Sovereignty’s Promise: The State as Fiduciary (Oxford: Oxford University Press, 2011) (Oxford Constitutional Theory series) 10 chapters; 305 pages.

Articles/chapters in books and monographs

“Constitutional Legitimacy Unbound” in Philosophical Foundations of Constitutional Law, David Dyzenhaus & Malcolm Thorburn eds. (Oxford University Press, 2015) (forthcoming).
SSRN: Constitutional Legitimacy Unbound

“Fiduciary Authority and the Service Conception” in Philosophical Foundations of Fiduciary Law, Andrew Gold and Paul Miller eds. (Oxford: OUP, 2014): 363 – 387..
SSRN: Fiduciary Authority and the Service Conception

“Unseating Unilateralism” in Private Law and the Rule of Law, Lisa Austin & Dennis Klimchuk eds. (Oxford: Oxford University Press, 2014): 116 – 138.
SSRN: Unseating Unilateralism

“The Charter and Administrative Law: Cross-Fertilisation or Inconstancy?” in Administrative Law in Context: 2nd Edition, L. Sossin & C. Flood eds. (Toronto: Emond Montgomery, 2013) (with Alexander Pless).
SSRN: The Charter and Administrative Law: Cross-Fertilization or Inconstancy?

“Hobbes’s Relational Theory: Beneath Power and Consent” in Hobbes and the Law, David Dyzenhaus & Tom Poole eds. (Cambridge: Cambridge University Press, 2012): 118-144.
SSRN: Hobbes’s Relational Theory: Beneath Power and Consent

“From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment through a Fiduciary Prism” in Fiduciary States and the Atmospheric Trust, Ken Coghill, Tim Smith & Charles Sampford eds. (Ashgate Publishing, 2012): 253-268.
SSRN: From Fiduciary States to Joint Trusteeship of the Atmosphere

"The Charter and Administrative Law: Cross-Fertilization in Public Law" in Administrative Law in Context, C. Flood & L. Sossin eds. (Toronto: Emond Montgomery, 2008) 169 - 195.
SSRN: The Charter and Administrative Law: Cross-Fertilization in Public Law

“Implementation and Reception: The Congeniality of Canada’s Legal Order to International Law” in The Globalized Rule of Law: Relationships between International and Domestic Law, Oonagh Fitzgerald, et. al. eds. (Toronto: Irwin Law, 2006) 31 – 83 (with Armand de Mestral).
SSRN: Implementation and Reception: The Congeniality of Canada's Legal Order to International Law

“The Internal Morality of Administration: The Form and Structure of Reasonableness” in The Unity of Public Law, David Dyzenhaus ed., (Oxford: Hart Publishing, 2004) 143-171.
SSRN: The Internal Morality of Administration: The Form and Structure of Reasonableness

“Constitutional Protection of Indigenous Rights in Canada: Reconciling State Sovereignty with the Pre-existence of Distinctive Aboriginal Societies” in Administración de Justicia y Pueblos Indígenas en la Perspectiva del Derecho Intercultural, Adriana Lander Osío ed., (Supreme Court of Justice of Venezuela Press, 2003) 73-103.

Reviews

“Review of Marc Ribeiro, Limiting Arbitrary Power: The Vagueness Doctrine in Canadian Constitutional Law” Queen’s Law Journal (2005) 30 Queen’s Law Journal 923 – 37.
SSRN: Review Essay of Mark Rebeiro, Limiting Arbitrary Power: The Vagueness Doctrine in Canadian Constitutional Law

Other papers and publications

"Deriving Peremptory Norms from Sovereignty" (2009) Am. Soc'y Int'l L. Proc. (with Evan J. Criddle).
SSRN: Deriving Peremptory Norms from Sovereignty

“Indigenous Peoples and Human Dignity” in Dignity: A Special Focus on Vulnerable Groups, F. Mégret & F. Hoffman eds. (Agenda for Human Rights: a Swiss Initiative, 2009): 36 – 48.
Download: Dignity - A Special Focus on Vulnerable Groups [.PDF - 109 kb]

“Parliamentary Privilege, the Charter and the Rule of Law after the Vaid Case”(2007) 20(3) Canadian Parliamentary Review: 27-35. (A revised and abridged version of “Parliamentary Privilege and the Rule of Law” (2007) (20)(2) CJALP.)
SSRN: Parliamentary Privilege, the Rule of Law and the Charter after the Vaid Case

“Programa Andino de Derechos Humanos y Democracia: Final Evaluation Report” (Utrecht, the Netherlands: Human European Consultancy, 2006) 176 pages (with Christiane Tuijtelaars and Hilde Hey).