Carissima Mathen - Böcker

The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn't the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada's highest court. Here, for the first time, is the complete story of "the Nadon Reference" – one of the strangest sagas in Canadian legal history.Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6.With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.

The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn't the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada's highest court. Here, for the first time, is the complete story of "the Nadon Reference" – one of the strangest sagas in Canadian legal history.Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6.With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.

This edited collection combines state-of-the-art legal data analytics with in-depth doctrinal analysis to study the Supreme Court of Canada (SCC), Canada’s top court. A data analytics perspective adds new dimensions to the study of courts and their case law. It renders legal analysis scalable, making it possible to investigate thousands of judicial decisions, adding new breadth and depth. It also enables researchers to combine doctrinal questions about how the law evolves with institutional questions about how courts operate, shedding new light on how law works in practice. By applying a range of methods to study the content of SCC decisions, this work bridges the gap between qualitative and quantitative research. Demonstrating how new analytical perspectives can generate new insights about the Supreme Court, an institution which is closely studied by scholars both within and outside Canada, the book will be essential reading for legal scholars and political scientists, particularly those working in public law and in empirical legal studies.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

This edited collection combines state-of-the-art legal data analytics with in-depth doctrinal analysis to study the Supreme Court of Canada (SCC), Canada’s top court. A data analytics perspective adds new dimensions to the study of courts and their case law. It renders legal analysis scalable, making it possible to investigate thousands of judicial decisions, adding new breadth and depth. It also enables researchers to combine doctrinal questions about how the law evolves with institutional questions about how courts operate, shedding new light on how law works in practice. By applying a range of methods to study the content of SCC decisions, this work bridges the gap between qualitative and quantitative research. Demonstrating how new analytical perspectives can generate new insights about the Supreme Court, an institution which is closely studied by scholars both within and outside Canada, the book will be essential reading for legal scholars and political scientists, particularly those working in public law and in empirical legal studies.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their ‘advice’, and about the nature of law.Tracking their use in Canada since the country’s Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics.With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.

Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their ‘advice’, and about the nature of law.Tracking their use in Canada since the country’s Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics.With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.