Description

Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By the Court” format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the Secession of Quebec reference and the Carter decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, By the Court explores the purposes and potential future of “By the Court,” framing this practice as the most dramatic form of a modern style that highlights the institution and downplays individual contributions.

By the Court: Anonymous Judgments at the Supreme Court of Canada

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Paperback / softback by Peter McCormick , Marc D. Zanoni

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Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By... Read more

    Publisher: University of British Columbia Press
    Publication Date: 01/03/2020
    ISBN13: 9780774861724, 978-0774861724
    ISBN10: 077486172X

    Number of Pages: 268

    Non Fiction , Law , Education

    Description

    Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By the Court” format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the Secession of Quebec reference and the Carter decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, By the Court explores the purposes and potential future of “By the Court,” framing this practice as the most dramatic form of a modern style that highlights the institution and downplays individual contributions.

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