NCJ Number
75529
Date Published
1977
Length
326 pages
Annotation
This textbook discusses the Canadian legal system, including its guiding principles, its institutions and personnel, and its legal doctrines and principles.
Abstract
A chapter on the nature of law discusses the concepts of positivism, natural law, and realism. The book's second chapter discusses historical and legal sources of law, including statutes, case law, and constitutional sources of law. The British legal system and its effect on the Canadian legal system are next examined, followed by a discussion of the constitutional basis of legislative and judicial authority. Canadian courts are described, with emphasis on their atmosphere, functions, and effectiveness. In addition, the hierarchy of Federal and provincial courts and their division of responsibility are explained. Another chapter defines in detail the roles of lawyers and judges including the training and standards of conduct required of lawyers, judicial perceptions of the role of the judge, the appointment of judges, removal of judges, and independence of the judiciary. Subsequent chapters examine the doctrines of precedent and stare decisis and principles of statutory interpretation. Final chapters examine the role of administrative tribunals and recent and anticipated changes in the Canadian legal system. Footnotes, figures, an index, and selected bibliographies for most chapters are included.