Stare Decisis, The Charter and the Rule of Law in the Supreme Court of Canada
ebook ∣ Volume 1
By Lawrence David
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"...an important and timely contribution to the subject."
— Hon. Morris J. Fish, C.C., Q.C., retired puisne justice, Supreme Court of Canada (2003-2013)
"Lawrence David's illuminating and comprehensive study of the Canadian Supreme Court's practice... contribut[es] ...to our thinking about fundamental questions generated by contemporary practices of constitutional ."
— Mark Tushnet, Harvard Law School
Stare Decisis, The Charter and the Rule of Law in the Supreme Court of Canada is a sole-contributor volume that analyzes the theory and practice of stare decisis (the legal principle of determining points of law according to precedent) in the Supreme Court of Canada, focusing on its role, function, and development in constitutional adjudication under the Charter. Evaluating the Court's methodology in revisiting its own precedents, author Lawrence David advances an original taxonomic classification drawing on essential and contemporary scholarship in Canadian and American constitutional law. The volume also includes an appendix on how the empirical analysis for the work was conducted.
Features of This Book
- The history and evolution of stare decisis in the Supreme Court of Canada 1875-present
- The reasons for or against departing from precedent
- The role of dissenting and concurring opinions in the practice of stare decisis
- Vertical stare decisis before and after Canada (Attorney General) v. Bedford
- The nexus between stare decisis and the rule of law in Canada
Recommended Reading For:
Stare Decisis, The Charter and the Rule of Law in the Supreme Court of Canada is a collection of papers developed out of the Supreme Court Law , Second Series.
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