Beverley McLachlin was the first woman to be chief justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative law, and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
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Controversies in the Common Law identifies some of the thorniest problems in private and public law, and explains how Chief Justice Beverley McLachlin addressed them by applying a common law approach to judging.
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Introduction: Controversies in the Common Law—Innovative Solutions and Future Challenges at the Supreme Court of CanadaVanessa Gruben, Graham Mayeda and Owen Rees 1. Reflecting on the Legacy of Chief Justice MclachlinLady Brenda Hale, Baroness of Richmond, President of the Supreme Court of the United Kingdom 2. Justice Beverley McLachlin and Tort Law:  The Good, the Bad, and the Puzzling Bruce Feldthusen 3. Evaluating Chief Justice McLachlin’s Decisions on “Residual Policy Considerations” in NegligenceErika Chamberlain 4. Controversey Resolved: Chief Justice Mclachlin, Personal Autonomy, & Unjust EnrichmentMitchell McInnes 5. Selective Deference and the Judicial Role: Chief Justice McLachlin’s Legacy for Law and Legal EducationDavid Sandomierski 6. Combatting Stereotyping & Facilitating Justice: McLachlin’s Vision for the Law of EvidenceDavid M. Tanovich 7. The Continuity of Private and Public Law Reasoning in Chief Justice McLachlin’s Criminal Law JudgmentsGraham Mayeda 8. Less is More: Chief Justice McLachlin and Criminal Law MinimalismMatthew R. Gourlay 9. Controversies in the Common Law of Judicial Review: Tracing the Contributions of Chief Justice McLachlinAdam Goldenberg 10. The McLachlin Court and the Concept of Open JusticeEszter Bodnar
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"Through their insightful analysis of the jurisprudence of Chief Justice Beverley McLachlin, the contributors to this volume weave together classic methodological questions of the common law and McLachlin’s characteristic conceptions of her role as a judge and as a law-maker. Taken together, the essays provide a rich narrative of the path of the common law and judicial decision-making over the first two decades of the twentieth century."
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Produktdetaljer

ISBN
9781487540722
Publisert
2022-11-13
Utgiver
Vendor
University of Toronto Press
Vekt
640 gr
Høyde
235 mm
Bredde
159 mm
Dybde
25 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet

Om bidragsyterne

Vanessa Gruben is Vice Dean of the English Common Law Program and an associate professor in the Faculty of Law at the University of Ottawa. Graham Mayeda is an associate professor in the Faculty of Law at the University of Ottawa. Owen Rees is deputy assistant deputy attorney general with the Department of Justice Canada and an adjunct lecturer in the Faculty of Law at Queen’s University.