Apex Courts and the Common Law

Paul Daly (Herausgeber)

Buch | Hardcover

424 Seiten

2019
University of Toronto Press (Verlag)
978-1-4875-0443-4 (ISBN)

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Apex Courts and the Common Law considers the influence of the courts at the apex of national legal systems on the development of the common law: how the institutional position of apex courts causes them to shape the common law and, conversely, how the traditions of the common law shape the way apex courts conceive of their role.

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.

Paul Daly is a University Senior Lecturer in Public Law at University of Cambridge and the Derek Bowett Fellow in Law at Queen's College, Cambridge.

Introduction – Paul Daly

Part I: Decision Making by Common Law Apex Courts

1. The Role of the Supreme Court of Canada in Shaping the Common Law – Beverley McLachlin
2. Apex Courts and the Development of the Common Law – Brice Dickson
3. The Common Law, the High Court of Australia and the United States Supreme Court – Peter Cane
4. Against All Odds: Numbers Sitting in the UK Supreme Court and Really, Really Important Cases – James Lee
5. The Reference Jurisdiction of the Supreme Court of Canada – Carissima Mathen

Part II: Public Law Issues

6. Judicial Review in the American States – Robert Williams
7. The Common Law, the Constitution and the Alien – Audrey Macklin
8. Administrative Law and Rights in the UK House of Lords and Supreme Court – Jason Varuhas
9. The Continuing Significance of Dr. Bonham’s Case – Han-Ru Zhou

Part III: Common Law Concepts

10. The Development of an Obligation to Perform in Good Faith –Angela Swan and Jakub Adamski
11. Cause and Courts – Sandy Steel
12. What is happening to the law of unjust enrichment? – Steve Hedley
13. The Supreme Court, Fundamental Principles of Property Law, and the Shaping of Aboriginal Title – Bruce Ziff

Afterword – William B. Ewald

Erscheinungsdatum	14.05.2019
Zusatzinfo	1 b&w illustration, 4 b&w tables
Verlagsort	Toronto
Sprache	englisch
Maße	159 x 235 mm
Gewicht	780 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
Themenwelt	Recht / Steuern ► EU / Internationales Recht
ISBN-10	1-4875-0443-8 / 1487504438
ISBN-13	978-1-4875-0443-4 / 9781487504434
Zustand	Neuware