Apex Courts and the Common Law

Paul Daly is a University Senior Lecturer in Public Law at University of Cambridge and the Derek Bowett Fellow in Law at Queen's College, Cambridge.

"Apex Courts and the Common Law identifies the distinctive role of apex courts, exploring how they have used and adapted the common law method to elucidate the law in relation to human rights, public law, and private law. This is a subject of great interest in Canada and beyond as there is a very lively debate involving lawyers, political scientists, and the public at large about the proper scope and limits of the judicial role."- Robert J. Sharpe, Court of Appeal for Ontario and Faculty of Law, University of Toronto

• Introduction – Paul DalyPart I: Decision Making by Common Law Apex Courts1. The Role of the Supreme Court of Canada in Shaping the Common Law – Beverley McLachlin2. Apex Courts and the Development of the Common Law – Brice Dickson3. The Common Law, the High Court of Australia and the United States Supreme Court – Peter Cane4. Against All Odds: Numbers Sitting in the UK Supreme Court and Really, Really Important Cases – James Lee5. The Reference Jurisdiction of the Supreme Court of Canada – Carissima MathenPart II: Public Law Issues6. Judicial Review in the American States – Robert Williams7. The Common Law, the Constitution and the Alien – Audrey Macklin8. Administrative Law and Rights in the UK House of Lords and Supreme Court – Jason Varuhas9. The Continuing Significance of Dr. Bonham’s Case – Han-Ru ZhouPart III: Common Law Concepts10. The Development of an Obligation to Perform in Good Faith –Angela Swan and Jakub Adamski11. Cause and Courts – Sandy Steel12. What is happening to the law of unjust enrichment? – Steve Hedley13. The Supreme Court, Fundamental Principles of Property Law, and the Shaping of Aboriginal Title – Bruce ZiffAfterword – William B. Ewald