Apex Courts and the Common Law - Paul Daly

Apex Courts and the Common Law

By: Paul Daly (Editor)

Hardcover | 26 April 2019

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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.

Industry Reviews

"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."

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