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The Captive Court: A Study of the Supreme Court of Canada Book

The Captive Court: A Study of the Supreme Court of Canada
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The Captive Court: A Study of the Supreme Court of Canada, Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought, The Captive Court: A Study of the Supreme Court of Canada
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  • The Captive Court: A Study of the Supreme Court of Canada
  • Written by author Ian Bushnell
  • Published by McGill-Queen's University Press, 1992/10/08
  • Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought
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Preface
Pt. A The Establishment of the Court
1 Attempts 3
2 The Creation of the Supreme Court 14
3 Section 47 and the Lord Chancellor 28
4 Starting Up 38
Pt. B The Judicial Function
5 The Judge as Adjudicator 47
6 The Judge as Law-reformer 65
Pt. C The Early Years, 1875-1885
7 The Beginning, 1875-1879 75
8 The Court under Attack 91
9 The Appeal to the Privy Council, 1876-1879 97
10 The End of the Beginning, 1879-1880 103
11 The Court Struggles, 1880-1885 114
Pt. D The Years After, 1885-1949
12 The Manitoba Schools Question 135
13 The Court in Disarray, 1895-1903 155
14 The Sterile Years, 1903-1911 169
15 The Sterile Years, 1911-1918 191
16 The Sterile Years, 1918-1929 207
17 "There are Statutes, and Statutes" 218
18 The Civil Law of Quebec 230
19 The Attack on the Privy Council, 1930-1939 243
20 The Wait for the End of the Appeal, 1940-1949 263
Pt. E The Final Court of Appeal for Canada, 1950-1959
21 A New Beginning? 281
22 New Jural Conclusions 296
23 The Implied Bill of Rights 312
24 The End of the Fifties 322
Pt. F The Court Solidified, 1960-1980
25 The Sixties 331
26 The Canadian Bill of Rights 347
27 The Seventies 369
28 The Seventies and Law Reform 380
29 Tensions within the Court 400
30 The Constitution 418
Pt. G The Era of the Charter, 1980-1989
31 Waiting for the Charter 437
32 The Charter 449
33 The Abortion Case 461
Pt. H Conclusion
34 Impartial Justice 477
35 Now and the Future 486
Appendix 495
Notes 499
Index 583


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The Captive Court: A Study of the Supreme Court of Canada, Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought, The Captive Court: A Study of the Supreme Court of Canada

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The Captive Court: A Study of the Supreme Court of Canada, Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought, The Captive Court: A Study of the Supreme Court of Canada

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The Captive Court: A Study of the Supreme Court of Canada, Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought, The Captive Court: A Study of the Supreme Court of Canada

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