Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Banner

Courts Without Cases

The Law and Politics of Advisory Opinions

By: Carissima Mathen
Media of Courts Without Cases
See larger image
Published: 04-04-2019
Format: Hardback
Edition: 1st
Extent: 248
ISBN: 9781509922499
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £65.00
 

: (?)

Buying pre-order items

Your pre-order item will usually be shipped on the publishing date of the book.

Ebooks

You will receive an email with a download link for the ebook on the publication date.

Payment

You will not be charged for pre-ordered books until they are available to be shipped. Pre-ordered ebooks will not be charged for until they are available for download.

Amending or cancelling your order

For orders that have not been shipped you can usually make changes to pre-orders up to 24 hours before the publishing date.

This book is also available in other formats: View formats

Delivery & Returns

Tell others about this product

Loren Epson

About Courts Without Cases

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.

Reviews

“This book is the first in-depth study of the profound impact on Canadian constitutional law produced by judicial “advisory opinions” issued in response to the direct “reference” of legal questions to the courts by governments. From the Persons case to the Secession Reference, reference opinions have come to dominate the Canadian constitutional landscape. But the reference procedure has been oddly overlooked by constitutional scholars-until now. For Carissima Mathen, this unusual point of legal procedure is the vehicle for a magisterial exploration of the history, politics, theory, and practice of constitutionalism in Canada. Courts Without Cases is a brilliant contribution to the literature on Canadian constitutional law and politics.” –  Professor Mark D Walters, McGill University,

Courts Without Cases is a lucid, original, insightful and highly readable contribution to our understanding of law and politics. References brought by Government to the Supreme Court have led to many of the most important Supreme Court decisions, from same-sex marriage to Quebec's secession, from the regulation of prostitution, guns and financial markets to the composition of the Senate and the Supreme Court itself. Mathen masterfully weaves the story of these significant judgments with the political and institutional dynamics which shape them.” –  Lorne Sossin, Professor and Dean Emeritus Lorne Sossin, Osgoode Hall Law School, York University,

Bookmark and Share
Close