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Supreme Court Law Review, 2nd Series, Volume 97
Author
:
Lawrence David
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.
Publication Language: English
Published: July 14, 2020
Publisher: LexisNexis Canada
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.
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
