Suchergebnisse

In The Captive Court, Ian Bushnell explores the judicial function of the Supreme Court of Canada from its establishment in the 1870s to the present day. He traces the evolution of the Court as a creative force in Canadian law and reveals its gradual recognition of the need to move from a literal, mechanical approach in interpretation to a more creative one. The introduction of the Charter of Rights and Freedoms in 1982 was of particular significance in forcing a re-evaluation of judicial function.

"The Federal Court of Canada, which existed from 1875 to 1971 under the name Exchequer Court of Canada, occupies a special place in the court structure of Canada. It was founded principally to adjudicate legal disputes in which the Canadian government was involved. Since its change of name in 1971 it has become primarily an administrative appeal court dealing with the review of decisions made by federal administrative tribunals in addition to its existing jurisdictions: admiralty, intellectual property, tax, and other areas. As a federal court within the nation, its very existence has provoked discussion and debate as the various provincial court systems claim a position of primacy within our society for the adjudication of legal disputes." "Central to this history of the Federal Court is an examination of the judges who have sat on its bench, with particular focus on their views regarding the proper approach to decision making. The Federal Court of Canada is a rich resource both for those with a legal background and for those with an interest in the working and history of legal institutions."--Jacket