Power without Law

The Supreme Court of Canada, the Marshall Decisions and the Failure of Judicial Activism

Nonfiction, Reference & Language, Law
Cover of the book Power without Law by Alex M. Cameron, MQUP
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Author: Alex M. Cameron ISBN: 9780773581180
Publisher: MQUP Publication: October 1, 2009
Imprint: MQUP Language: English
Author: Alex M. Cameron
ISBN: 9780773581180
Publisher: MQUP
Publication: October 1, 2009
Imprint: MQUP
Language: English
In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia.
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia.

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