Apex Courts and the Common Law

Introduction – Paul Daly

Part I: Decision Making by Common Law Apex Courts

1. The Role of the Supreme Court of Canada in Shaping the Common Law – Beverley McLachlin
2. Apex Courts and the Development of the Common Law – Brice Dickson
3. The Common Law, the High Court of Australia and the United States Supreme Court – Peter Cane
4. Against All Odds: Numbers Sitting in the UK Supreme Court and Really, Really Important Cases – James Lee
5. The Reference Jurisdiction of the Supreme Court of Canada – Carissima Mathen

Part II: Public Law Issues

6. Judicial Review in the American States – Robert Williams
7. The Common Law, the Constitution and the Alien – Audrey Macklin
8. Administrative Law and Rights in the UK House of Lords and Supreme Court – Jason Varuhas
9. The Continuing Significance of Dr. Bonham’s Case – Han-Ru Zhou

Part III: Common Law Concepts

10. The Development of an Obligation to Perform in Good Faith –Angela Swan and Jakub Adamski
11. Cause and Courts – Sandy Steel
12. What is happening to the law of unjust enrichment? – Steve Hedley
13. The Supreme Court, Fundamental Principles of Property Law, and the Shaping of Aboriginal Title – Bruce Ziff

Afterword – William B. Ewald