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Supreme Court Law Review, 2nd Series, Volume 97

This sole-contributor volume analyzes the theory and practice of stare decisis (the legal principle of determining points of law according to precedent) in the Supreme Court of Canada, focusing on its role, function, and development in constitutional adjudication under the Charter.
by Lawrence David (Author)
Publisher: LexisNexis Canada
Publication Language: English
Book
$325.00
Quantity

Hardcover | 480 pages

In Stock
Published: July 14, 2020
ISBN/ISSN: 9780433503460
Publisher: LexisNexis Canada

Product description

This sole-contributor volume analyzes the theory and practice of stare decisis (the legal principle of determining points of law according to precedent) in the Supreme Court of Canada, focusing on its role, function, and development in constitutional adjudication under the Charter. Evaluating the Court’s methodology in revisiting its own precedents, author Lawrence David advances an original taxonomic classification drawing on essential and contemporary scholarship in Canadian and American constitutional law. The volume also includes an appendix on how the empirical analysis for the work was conducted.

 

Featured Authors

Lawrence David

Lawrence David

Lawrence David, B.A., B.C.L./LL.B., LL.M., serves as Legal Counsel with Canada’s federal Department of Justice. He is also Part-Time Law Professor at the University of Ottawa’s Faculty of Law. Previously, he served as Policy Advisor at Canada’s Privy Council Office, supporting the Prime Minister, the Minister of Democratic Institutions, and Cabinet. In 2015-16, he served as Law Clerk to Justice Rosalie Silberman Abella at the Supreme Court of Canada. David’s political and public service career also includes positions at the Parliament of Canada (House of Commons and Senate), the Attorney General of Canada, and the Quebec Court of Appeal. He has advised legislators, Cabinet Ministers and judges, devised legal strategies in successful litigation at several levels of court, and helped design statutes and judgments of significant national importance. He is a first-generation Canadian and lawyer. He completed his legal education at Harvard Law School (LL.M., 2018) and McGill University (B.C.L./LL.B., 2014).

View all books by Lawrence David (3)

Table of contents

Part I: Introduction
 
 Part II: Horizontal Stare Decisis and the Charter in the Supreme Court of Canada
 
 Part III: Vertical Stare Decisis and the Canadian Judicial Hierarchy
 
 Part IV: The Two-Output Model of Judicial Review and Charter Precedent in the Supreme Court of Canada
 
 Part V: Charter Precedent and Constitutional Meaning
 
 Part VI: Charter Precedent and Constitutional Decision Rules
 
 Part VII: Stare Decisis and the Application of Meaning to Rules
 
 Part VIII: Remedial Rules and Horizontal Stare Decisis
 
 Part IX: Stare Decisis and the Rule of Law
 
 Part X: Conclusion
 
 Appendix: Empirical Tables
 

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