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Author Mathen, Carissima, author
Title Courts without cases : the law and politics of advisory opinions / Carissima Mathen
Imprint Oxford, UK : Hart Publishing, 2019
book jacket
 人文社會聯圖  KE4775 .M38 2019    AVAILABLE    30660020213885
Descript xxi, 253 pages ; 25 cm
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
Note Includes bibliographical references and index
Introduction -- Courts with cases -- Apex courts -- Canadian references -- Separate functions : separate powers -- Arbitrating federalism -- Rebirth and rupture -- Interpretation and rights -- Institutions -- Actors, advice and law -- The advisory court -- Conclusion
"In Canada since 1875, courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of cases through a reference or advisory opinions. These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their "advice", and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience in other legal systems, this book considers how reference opinions draw courts into the complex relationship between law and politics. Focusing on key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon"-- Provided by publisher
Subject Advisory opinions -- Canada
Judicial power -- Canada
Separation of powers -- Canada
Advisory opinions. fast (OCoLC)fst00797976
Judicial power. fast (OCoLC)fst00984696
Separation of powers. fast (OCoLC)fst01112740
Canada. fast (OCoLC)fst01204310
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