By the Court
268 pages, 6 x 9
14 tables, 5 charts
Paperback
Release Date:01 Mar 2020
ISBN:9780774861724
$32.95
Hardcover
Release Date:15 Sep 2019
ISBN:9780774861717
EPUB
Release Date:15 Sep 2019
ISBN:9780774861748
PDF
Release Date:15 Sep 2019
ISBN:9780774861731
GO TO CART SAMPLE CHAPTER

By the Court

Anonymous Judgments at the Supreme Court of Canada

SERIES: Law and Society
UBC Press

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 remarkable given that courts are not known for their openness to change.

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, Securities Act, and Senate Reform references, as well as 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.

Combining institutional, historical, archival, empirical, and comparative work, Peter McCormick and Marc Zanoni examine the origins and purposes of “By the Court.” By the Court also explores its potential future, ultimately framing this practice as the most dramatic form of a modern style that highlights the institution and downplays individual contributions. This book is the first focused study of this transformative and uniquely Canadian development.

This book will find a keen audience among legal historians, law and political science scholars, and lawyers.

In this highly engaging and original book, McCormick and Zanoni trace the origins and use of the Supreme Court of Canada’s unique “By the Court” authoring practice. By the Court offers a new perspective on the historical evolution of the Supreme Court and shows that when it comes to the court, style really does matter. Erin Crandall, assistant professor, Department of Politics, Acadia University
By the Court was so compelling, I read it in one sitting. This innovative and comprehensive study investigates the Supreme Court of Canada's anonymous decision making. Working from historical, comparative, and statistical perspectives, it explores when, why, in which cases, and with what frequency the court chooses decisional anonymity. Jamie Cameron, professor, Osgoode Hall Law School, York University

Peter McCormick is a professor emeritus in the Department of Political Science at the University of Lethbridge. Marc D. Zanoni is a PhD candidate in political science at the University of Guelph.

Part 1: Introduction

1 What are By the Court decisions?

2 The Supreme Court of Canada Takes to the Constitutional Stage

3 Why Decision Presentation Formats Matter

Part 2: The Road to By the Court Decisions

4 Originality: Nothing to Copy

5 Uniqueness: A Global Common Law Survey

6 Early History: The “Minor Tradition”

7 Emergence: The Birth of the “Grand Tradition”

Part 3: The Modern By the Court Decisions

8 Inventory and Chronology of Decisions

9 A Typology of Decisions

10 Why These Cases?

Part 4: Conclusion

11 The Meaning and the Future of the By the Court Format

Notes; Bibliography; Index

Free Shipping   Blue
Find what you’re looking for...
Stay Informed

Receive the latest UBC Press news, including events, catalogues, and announcements.


Read past newsletters
Current Catalogue
Fall 2019 Canadian Cover
Publishers Represented
UBC Press is the Canadian agent for several international publishers. Visit our Publishers Represented page to learn more.