Title: By the Courtt: The Untold Story of a Canadian Judicial Innovation
Abstract: The Supreme Court of Canada has for several decades used an anonymous and unanimous decision format – ‘By the Court’ – for a subset of its constitutional decisions; although some of the specific cases (such as the Quebec Secession Reference) have been closely examined, the practice itself has never received focused consideration. This article establishes a chronology, an inventory, and a typology for the Supreme Court’s ‘By the Court’ judgments, and concludes by suggesting that it use has become more frequent under the current Chief Justice.
Publication Year: 2016
Publication Date: 2016-01-01
Language: en
Type: article
Indexed In: ['crossref']
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