Apex courts and the common law / edited by Paul Daly.
| Other author | Daly, Paul, 1983- |
| Format | Electronic |
| Publication Info | Toronto ; Buffalo ; London : University of Toronto Press, [2019] |
| Description | viii, 414 pages ; 24 cm |
| Supplemental Content | Full text available from Ebook Central - Academic Complete |
| Subjects |
| Contents | Part 1. Decision making by common law apex courts. -- The role of the Supreme Court of Canada in shaping the common law / Beverley McLachlin -- Apex courts and the development of the common law / Brice Dickson -- The common law, the High Court of Australia, and the United State Supreme Court / Peter Cane -- Against all odds : numbers sitting in the UK Supreme Court and really, really important cases / James Lee -- The reference jurisdiction of the Supreme Court of Canada / Carissima Mathen -- Part 2. Public law issues -- Judicial review in the American States / Robert F. Williams -- The common law, the constitution, and the alien / Audrey Macklin -- Administrative law and rights in the UK House of Lords and Supreme Court / Jason N.E. Varuhas -- The continuing significance of Dr. Bonham's Case / Han-Ru Zhou -- Part 3. Common law concepts -- The development of an obligation to perform in good faith / Angela Swan and Jakub Adamski -- Cause and courts / Sandy Steel -- What is happening to the law of unjust enrichment? / Steve Hadley -- The Supreme Court, fundamental principles of property law, and the shaping of Aboriginal title / Bruce Ziff -- Afterword / William B. Ewald. |
| Abstract | "For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law--such as political science, history, and sociology--who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines."-- Provided by publisher. |
| Bibliography note | Includes bibliographical references. |
| Access restriction | Available only to authorized users. |
| Technical details | Mode of access: World Wide Web |
| Genre/form | Electronic books. |
| LCCN | 2019297211 |
| ISBN | 9781487504434 (hardcover) |