(DOWNLOAD) "Standing Apart: Separate Concurrence and the Modern Supreme Court of Canada, 1984-2006." by McGill Law Journal " Book PDF Kindle ePub Free

eBook details

Title: Standing Apart: Separate Concurrence and the Modern Supreme Court of Canada, 1984-2006.
Author : McGill Law Journal
Release Date : January 22, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 335 KB

Description

Separate concurrences, like dissents, are a common feature of many common law court decisions. At first glance though, it is difficult to understand their purpose, as they have no effect on the outcome of a case and leave in doubt legal questions that would otherwise be perceived as- resolved. In addition, valuable amounts of time and effort are in some instances invested in their preparation. Seeking rationales for separate concurrences, the author provides an empirical analysis of their use by the Supreme Court of Canada under Chief Justices Dickson, Lamer, and McLachlin. From the resulting data, the author generates a typology of separate concurrences and contends that most express significant doctrinal disagreements with the reasoning of the majority rather than minor quibbles. Despite those that are merely intended to "bridge" reasons found in other opinions or confirm a judge's break from a previous dissent, many concurrences argue in favour of more sweeping statements of law while others advocate for narrower legal grounds. A significant proportion of concurrences are even more disapproving of the majority opinion, either asserting the incorrectness of the majority's reasons or disagreeing with the majority's very approach. Most striking are separate concurrences written in the form of complete decisions, which the author suggests are intended to sway other judges of the Court who have initially committed to signing other opinions.