Power without Law: The Supreme Court of Canada, the Marshall Decisions and the Failure of Judicial Activism 9780773576674

Table of contents :
Contents
Acknowledgments
Introduction
1 The Canadian Constitution
2 Judicial Activism and Its Critics
3 The Legal Background to Marshall (No. 1)
4 Marshall (No. 1) in the Trial Court
5 The Court of Appeal
6 The Decision of the Supreme Court of Canada: Marshall (No. 1)
7 Fire on the Water, and Marshall (No. 2)
8 Rewriting Nova Scotia History
9 Judicial Levitation: The Hovering Treaty Right
10 Trade, Treaties, and the Constitution
11 Fundamental Laws: The Rights of British Subjects and a “Promenade Down Barrington Street”
12 After the Marshall Decisions: Legal Uncertainty and Government Response
13 Stephen Marshall/Bernard
14 The Failure of Judicial Activism
Appendix: R. v. Marshall (No. 1)
Notes
Index
A
B
C
D
E
F
G
H
I
J
L
M
N
O
P
Q
R
S
T
W
Z

Polecaj historie

Power Without Law : The Supreme Court of Canada, the Marshall Decisions and the Failure of Judicial Activism [1 ed.] 9780773576674, 9780773536104

The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense c

196 3 2MB Read more

The Myth of Judicial Activism : Making Sense of Supreme Court Decisions 9780300129564, 9780300114683

Despite the United States' ban on slave importation in 1808, profitable interstate slave trading continued. The nin

191 94 2MB Read more

Law, Ideology, and Collegiality: Judicial Behaviour in the Supreme Court of Canada 9780773587496

In a ground-breaking study on the nature of judicial behaviour in the Supreme Court of Canada, Donald Songer, Susan John

170 122 4MB Read more

The Judicial Role in a Diverse Federation: Lessons from the Supreme Court of Canada 9781487510626

In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examin

150 70 1MB Read more

The Supreme Court of Canada: History of the Institution 9781487575298

This history traces the development of the Supreme Court of Canada from its establishment in the earliest days following

166 52 34MB Read more

Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law 9780226944739

We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create

200 113 2MB Read more

Law, Ideology, and Collegiality : Judicial Behaviour in the Supreme Court of Canada [1 ed.] 9780773587496, 9780773539280

The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and me

171 54 4MB Read more

The Power of the Supreme People's Court: Reconceptualizing Judicial Power in Contemporary China (The Rule of Law in China and Comparative Perspectives) [1 ed.] 036718950X, 9780367189501

This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Rec

257 83 1MB Read more

Value Change in the Supreme Court of Canada 9781487513078

Value Change in the Supreme Court of Canada is a groundbreaking analysis of the degree to which Supreme Court decisions

166 61 3MB Read more

Seriatim: The Supreme Court Before John Marshall 9780814738573

Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost univers

193 7 153MB Read more