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Law Courts

By the Court

Anonymous Judgments at the Supreme Court of Canada

by (author) Peter McCormick & Marc D. Zanoni

Publisher
UBC Press
Initial publish date
Sep 2019
Category
Courts, Legal History, Judicial Power
  • Hardback

    ISBN
    9780774861717
    Publish Date
    Sep 2019
    List Price
    $89.95
  • eBook

    ISBN
    9780774861748
    Publish Date
    Sep 2019
    List Price
    $32.95
  • Paperback / softback

    ISBN
    9780774861724
    Publish Date
    Mar 2020
    List Price
    $32.95

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Description

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 unique among Western democracies. 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 reference and 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. Ultimately, By the Court explores the purposes and potential future of “By the Court,” framing this practice as the most dramatic form of a modern style that highlights the institution and downplays individual contributions.

About the authors

PETER McCORMICK has taught at Lakehead University, the University of British Columbia, and the University of Lethbridge. He retired in 2015. He is the author of Supreme at Last. He lives in Lethbridge, Alberta.

Peter McCormick's profile page

Marc D. Zanoni's profile page

Editorial Reviews

This is an appealing book, and I recommend it to members of the Canadian Association of Law Libraries. Anyone with an interest in the history of the Supreme Court of Canada, their judgments, and the judgment writing process will enjoy this book.

Canadian Law Library Review

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