Apex Courts and the Common Law / / ed. by Paul Daly.

• Superior document: Title is part of eBook package: De Gruyter EBOOK PACKAGE COMPLETE 2019 English
• MitwirkendeR: Adamski, Jakub,; Cane, Peter,; Daly, Paul,; Dickson, Brice,; Ewald, William B.,; Hedley, Steve,; Lee, James,; Macklin, Audrey,; Mathen, Carissima,; McLachlin, Beverley,; Steel, Sandy,; Swan, Angela,; Varuhas, Jason N.E.,; Williams, Robert F.,; Zhou, Han-Ru,; Ziff, Bruce,
• HerausgeberIn: Daly, Paul ,
• Place / Publishing House: Toronto : : University of Toronto Press, , [2019]; ©2019
• Year of Publication: 2019
• Language: English
• Physical Description: 1 online resource (424 p.)

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.

Table of Contents

Frontmatter -- Contents -- Acknowledgments -- Introduction -- Part I: Decision Making by Common Law Apex Courts -- 1. The Role of the Supreme Court of Canada in Shaping the Common Law -- 2. Apex Courts and the Development of the Common Law -- 3. The Common Law, the High Court of Australia, and the United States Supreme Court -- 4. Against All Odds: Numbers Sitting in the UK Supreme Court and Really, Really Important Cases -- 5. The Reference Jurisdiction of the Supreme Court of Canada -- Part II: Public Law Issues -- 6. Judicial Review in the American States -- 7. The Common Law, the Constitution, and the Alien -- 8. Administrative Law and Rights in the UK House of Lords and Supreme Court -- 9. The Continuing Significance of Dr Bonham's Case -- Part III: Common Law Concepts -- 10. The Development of an Obligation to Perform in Good Faith -- 11. Cause and Courts -- 12. What Is Happening to the Law of Unjust Enrichment? -- 13. The Supreme Court, Fundamental Principles of Property Law, and the Shaping of Aboriginal Title -- Afterword -- Contributors