Captive Court: A Study of the Supreme Court of Canada
McGill-Queen's Press - MQUP, 8 Οκτ 1992 - 624 σελίδες
Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought that makes the Court "captive" to inherited traditions and legal doctrines and prevents it from achieving its true potential within the Canadian legal system. Previous studies of the Court have concentrated on the years after 1949; by expanding the coverage to include the first three-quarters of a century of the Court's existence, Bushnell has uncovered a critical aspect of Canadian legal history. Bushnell provides an analysis of more than eighty cases decided by the Court between 1876 and 1989. He examines the backgrounds and views of the sixty-seven judges who served on the Supreme Court during this period, evaluating both the role they felt they played in Canadian society and the role others expected them to play. He studies the question of the right of appeal to the Judicial Committee of the Privy Council and its effect on the Supreme Court, as well as the movement toward the abolition of appeal. In the concluding part of the study Bushnell considers the controversy over the demand for impartial justice, criticism of the judiciary, and the judges who will take the Court into the twenty-first century.
Τι λένε οι χρήστες - Σύνταξη κριτικής
Δεν εντοπίσαμε κριτικές στις συνήθεις τοποθεσίες.
THE JUDICIAL FUNCTION
THE EARLY YEARS 18751885
THE YEARS AFTER 18851949
THE FINAL COURT OF APPEAL FOR CANADA 19501959
THE COURT SOLIDIFIED 19601980
THE ERA OF THE CHARTER 19801989
Άλλες εκδόσεις - Προβολή όλων
accepted action allowed American applied appointment approach authority bench Bill Bill of Rights British Canadian Canadian Bar Charter chief justice civil Committee common concern conclusion Conservative considerable considered constitutional Court of Appeal Court of Canada created creative criticism deal Debates decided decision dissenting dominion Duff effect English established existence expressed fact federal final freedom function given heard Henry House Ibid important interest interpretation involved issue judges judgment judicial jurisdiction language Laskin Law Journal lawyers leave legal system legislation legislature Liberal limited Lord majority matter meaning ment nature Ontario opinion Ottawa Parliament party person political position principles Privy Council problem profession provinces provision Quebec question Rand reached reasons reference reform rejected rendered respect result Ritchie role rule seemed simply social society statute Strong Supreme Court taken thought tion Toronto University values