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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Judicial Activism in Common Law Supreme Courts

Edited by: Brice Dickson

ISBN13: 9780199213290
Published: December 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £76.00

Despatched in 10 to 12 days.

This book examines the way in which judges in the top courts of nine different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected.

The book surveys the decisions of these top courts over the last generation to determine how 'judicially active' they have been. It seeks to compare and contrast the different experiences and to identify the principles in accordance with which the various courts have decided to develop the law. How do they interpret legislation? What use do they make of standards derived from other countries or from international law? How willing are they to make law in areas which are traditionally the preserve of elected politicians?

The contributors are all experts in their own jurisdictions and have already published widely in the field of judicial activism. The jurisdictions covered include Australia, Canada, India, Ireland, Israel, New Zealand, South Africa, the United Kingdom and the United States. The chapter on the judicial work of the House of Lords anticipates the transformation of that institution into the Supreme Court of the United Kingdom in 2009 and the book as a whole suggests that there is plenty of scope for that new court to learn from other common law supreme courts about the appropriate limits of judicial creativity.

  • Covers nine different common law countries including Australia, Canada, India, Ireland, Israel, New Zealand, South Africa, the United Kingdom and the United States
  • Introductory chapter compares the main features of the nine top courts and summarises the subsequent country-specific chapters
  • The analysis in each chapter focuses on the relationship between the role of the top courts and role of the legislature and executive

Constitutional and Administrative Law, Comparative Law
1. Introduction
2. The High Court of Australia
3. The Supreme Court of Canada
4. The Supreme Court of India
5. The Supreme Court of Ireland
6. The Supreme Court of Israel
7. The Supreme Court and Court of Appeal of New Zealand
8. The Constitutional Court and Supreme Court of Appeal of South Africa
9. The House of Lords
10. The Supreme Court of the United States