1. The Role of the Supreme Court of Canada in Shaping the Common Law

Chapters in this book

1. Frontmatter i
2. Contents v
3. Acknowledgments vii
4. Introduction 1
5. Part I: Decision Making by Common Law Apex Courts
6. 1. The Role of the Supreme Court of Canada in Shaping the Common Law 25
7. 2. Apex Courts and the Development of the Common Law 36
8. 3. The Common Law, the High Court of Australia, and the United States Supreme Court 66
9. 4. Against All Odds: Numbers Sitting in the UK Supreme Court and Really, Really Important Cases 94
10. 5. The Reference Jurisdiction of the Supreme Court of Canada 140
11. Part II: Public Law Issues
12. 6. Judicial Review in the American States 169
13. 7. The Common Law, the Constitution, and the Alien 192
14. 8. Administrative Law and Rights in the UK House of Lords and Supreme Court 225
15. 9. The Continuing Significance of Dr Bonham’s Case 279
16. Part III: Common Law Concepts
17. 10. The Development of an Obligation to Perform in Good Faith 303
18. 11. Cause and Courts 342
19. 12. What Is Happening to the Law of Unjust Enrichment? 365
20. 13. The Supreme Court, Fundamental Principles of Property Law, and the Shaping of Aboriginal Title 385
21. Afterword 405
22. Contributors 413