Apex Courts and the Common Law considers the influence of the courts at the apex of national legal systems on the development of the common law: how the institutional position of apex courts causes them to shape the common law and, conversely, how the traditions of the common law shape the way apex courts conceive of their role.
Inhaltsverzeichnis
Introduction - Paul Daly
Part I: Decision Making by Common Law Apex Courts
1. The Role of the Supreme Court of Canada in Shaping the Common Law - Beverley McLachlin
2. Apex Courts and the Development of the Common Law - Brice Dickson
3. The Common Law, the High Court of Australia and the United States Supreme Court - Peter Cane
4. Against All Odds: Numbers Sitting in the UK Supreme Court and Really, Really Important Cases - James Lee
5. The Reference Jurisdiction of the Supreme Court of Canada - Carissima Mathen
Part II: Public Law Issues
6. Judicial Review in the American States - Robert Williams
7. The Common Law, the Constitution and the Alien - Audrey Macklin
8. Administrative Law and Rights in the UK House of Lords and Supreme Court - Jason Varuhas
9. The Continuing Significance of Dr. Bonham’s Case - Han-Ru Zhou
Part III: Common Law Concepts
10. The Development of an Obligation to Perform in Good Faith -Angela Swan and Jakub Adamski
11. Cause and Courts - Sandy Steel
12. What is happening to the law of unjust enrichment? - Steve Hedley
13. The Supreme Court, Fundamental Principles of Property Law, and the Shaping of Aboriginal Title - Bruce Ziff
Afterword - William B. Ewald
