Apex Courts and the Common Law

Apex Courts and the Common Law
Author: Paul Daly
Publisher: University of Toronto Press
Total Pages: 423
Release: 2019-04-08
Genre: Law
ISBN: 148753017X

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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.

The Common Law Tradition

The Common Law Tradition
Author: Karl N. Llewellyn
Publisher: Quid Pro Books
Total Pages: 554
Release: 2016-05-21
Genre: Law
ISBN: 1610273001

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An Analytical Digest of the Law and Practice of the Courts of Common Law, Divorce, Probate, Admiralty and Bankruptcy, and of the High Court of Justice and the Court of Appeal of England

An Analytical Digest of the Law and Practice of the Courts of Common Law, Divorce, Probate, Admiralty and Bankruptcy, and of the High Court of Justice and the Court of Appeal of England
Author: Ephraim Arnold Jacob
Publisher:
Total Pages: 842
Release: 1880
Genre: Law reports, digests, etc
ISBN:

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Precedent and Law

Precedent and Law
Author: Julius Stone
Publisher: Butterworth-Heinemann
Total Pages: 320
Release: 1985
Genre: Law
ISBN:

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Extending Rights' Reach

Extending Rights' Reach
Author: Jud Mathews
Publisher: Oxford University Press
Total Pages: 265
Release: 2018-03-13
Genre: Law
ISBN: 0190682930

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Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.

The Common Law Procedure Act

The Common Law Procedure Act
Author: Robert Alexander Harrison
Publisher: Copp, Clark ; London : Stevens & Haynes
Total Pages: 938
Release: 1870
Genre: Civil procedure
ISBN:

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Bills of Rights in the Common Law

Bills of Rights in the Common Law
Author: Robert Leckey
Publisher: Cambridge University Press
Total Pages: 259
Release: 2015-05-05
Genre: Law
ISBN: 1316298728

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Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.