This acidic observation is the cynical answer to what remains one of the great mysteries of the law: how do judges arrive at their decisions? The impression of many is that the courts do whatever they wish to do with cases that come before them. Some criticize "judicial imperialism," "government by the judiciary," and even judicial "dictatorship." Judges have certainly been given additional powers by our new Charter of Rights and Freedoms, but is the legal system out of control? This book explains the forms of reasoning ...
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This acidic observation is the cynical answer to what remains one of the great mysteries of the law: how do judges arrive at their decisions? The impression of many is that the courts do whatever they wish to do with cases that come before them. Some criticize "judicial imperialism," "government by the judiciary," and even judicial "dictatorship." Judges have certainly been given additional powers by our new Charter of Rights and Freedoms, but is the legal system out of control? This book explains the forms of reasoning judges use when deciding how the law applies in particular cases. Section 1 introduces the general issues surrounding the judicial mandate to apply law. Section 2 describes in some detail the three modes of reasoning authorized and constituted by these rules. Section 3 features extended opinions in five controversial cases. Section 4 contains a bibliography and other reference aids. Study questions are included for use as a course text.
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Add this copy of Understanding Judicial Reasoning: Controversies, to cart. $15.00, very good condition, Sold by Bay Used Books rated 5.0 out of 5 stars, ships from Sudbury, ON, CANADA, published 1997 by Thompson Educational Publishing, Inc.
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Near Fine. Paperback. 8vo-over 7¾"-9¾" tall. Very clean and tight; appears unread; Written by Case, Centre for Education, Law and Society, Simon Fraser Univ.; Forewords by The Honourable John Sopinka and Honourable Mr. Justice Allen M. Linden. Sections include: The Judicial Mandate, Modes of Judicial Reasoning, Judicial Reasoning Applied and References. 232 pp. incl. Notes, Study Questions, Table of Cases, Bibliography and Index.
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Good. 1550770829. 232 pages including index. Judges have certainly been given additional powers by the Charter of Rights and Freedoms, but is the judicial system out of control? Explains the forms of reasoning judges are expected to use when deciding how the law applies in particular cases. "...Avoids overly technical descriptions and jargon, while outlining concisely the philosophical and jurisprudential issues and how they bear on the actual practice of law."-Wilfrid Waluchow, McMaster University. Moderate wear. Unmarked. A quality working copy.; 8vo-over 7¾"-9¾" tall; JUDICIAL REVIEW LAW GENERAL Understanding Judicial Reasoning: Controversies, Concepts and Cases Judicial Process Canada Great Britain United States Charter of Rights and Freedoms.
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