By the Court : Anonymous Judgments at the Supreme Court of Canada (Law and Society)

McCormick, Peter/ Zanoni, Marc D.

University of British Columbia Press（2019/09発売）

• 製本 Hardcover:ハードカバー版／ページ数 268 p.
• 言語 ENG
• 商品コード 9780774861717
• DDC分類 347.71

Full Description

Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a "By the Court" format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the Secession of Quebec reference and the Carter decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, By the Court explores the purposes and potential future of "By the Court," framing this practice as the most dramatic form of a modern style that highlights the institution and downplays individual contributions.

Contents

Part 1: Introduction

1 What are By the Court decisions?

2 The Supreme Court of Canada Takes to the Constitutional Stage

3 Why Decision Presentation Formats Matter

Part 2: The Road to By the Court Decisions

4 Originality: Nothing to Copy

5 Uniqueness: A Global Common Law Survey

6 Early History: The "Minor Tradition"

7 Emergence: The Birth of the "Grand Tradition"

Part 3: The Modern By the Court Decisions

8 Inventory and Chronology of Decisions

9 A Typology of Decisions

10 Why These Cases?

Part 4: Conclusion

11 The Meaning and the Future of the By the Court Format

Notes; Bibliography; Index