Courts Without Cases : The Law and Politics of Advisory Opinions
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Author:MATHEN Carissima
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ISBN:9781509922499
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Publication Date:April 2019
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Edition:1
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Pages:280
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Binding:Hardback
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Publisher:Hart Publishing - Oxford
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Country of Publication:United Kingdom


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Courts Without Cases : The Law and Politics of Advisory Opinions
- Unit price
- / per
-
Author:MATHEN Carissima
-
ISBN:9781509922499
-
Publication Date:April 2019
-
Edition:1
-
Pages:280
-
Binding:Hardback
-
Publisher:Hart Publishing - Oxford
-
Country of Publication:United Kingdom
Description
Since 1875, Canadian 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 such disputes through advisory opinions (also called references). 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 of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics.
With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
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A Back Order button means that we don’t have the book in stock at our store. It may already be on order – or we can order it for you from a publisher or distributor at no additional cost.
As we source items from around the globe, a back-order can take anywhere from 5 days to several weeks to arrive, depending on the title.
To check how long this might take, you’re welcome to contact us and we can provide an ETA or any other information you need. We recommend checking the timeframe before committing to an online order.
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Since 1875, Canadian 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 such disputes through advisory opinions (also called references). 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 of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics.
With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
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Author: MATHEN CarissimaISBN: 9781509922499Publication Date: April 2019Edition: 1Pages: 280Binding: HardbackPublisher: Hart Publishing - OxfordCountry of Publication: United Kingdom
Since 1875, Canadian 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 such disputes through advisory opinions (also called references). 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 of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics.
With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
-
Author: MATHEN CarissimaISBN: 9781509922499Publication Date: April 2019Edition: 1Pages: 280Binding: HardbackPublisher: Hart Publishing - OxfordCountry of Publication: United Kingdom
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