Captive Court: A Study of the Supreme Court of Canada (Google eBook)

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McGill-Queen's Press - MQUP, Oct 8, 1992 - Law - 624 pages
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Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought that makes the Court "captive" to inherited traditions and legal doctrines and prevents it from achieving its true potential within the Canadian legal system. Previous studies of the Court have concentrated on the years after 1949; by expanding the coverage to include the first three-quarters of a century of the Court's existence, Bushnell has uncovered a critical aspect of Canadian legal history.
  

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Contents

THE JUDICIAL FUNCTION
45
THE EARLY YEARS 18751885
73
THE YEARS AFTER 18851949
133
THE FINAL COURT OF APPEAL FOR CANADA 19501959
279
THE COURT SOLIDIFIED 19601980
329
THE ERA OF THE CHARTER 19801989
435
CONCLUSION
475
Appendix
495
Notes
499
Index
583
Copyright

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References to this book

Canada's Courts
Peter McCormick
Limited preview - 1994
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About the author (1992)

Ian Bushnell is a Professor of Law at the University of Windsor, and author of The Captive Court: A Study of the Supreme Court of Canada.

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