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Courts Without Cases: The Law and Politics of Advisory Opinions

Courts Without Cases: The Law and Politics of Advisory Opinions

Author: Carissima Mathen
Publisher: Hart Publishing
ISBN: 9781509922499

Published In: April 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945726

List Price: HKD 1,235.00

HKD 1,197.95 Save HKD 37.05 (3%)

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Description
Contents

Details

In Canada since 1875, 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 cases through a reference or advisory opinions. 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 in other legal systems, this book considers how reference opinions draw courts into the complex relationship between law and politics.

Focusing on key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.

Introduction

1. Courts with Cases

What Do Courts Do?

The Power, and Limits, of Cases

The Separation of Powers

Separation of Powers in Canada

2. Apex Courts

The Judicial Committee

‘A Judicial Department in Every Well-Organized Government’

A. Confederation

B. Establishment

3. Canadian References