Understanding Judicial Reasoning ― Controversies, Concepts And Cases

This acidic observation is the cynical answer to what remains one of the great mysteries of the law: how do judges arrive at their decisions? The impression of many is that the courts do whatever they wish to do with cases that come before them. Some criticize "judicial imperialism," "government by the judiciary," and even judicial "dictatorship." Judges have certainly been given additional powers by our new Charter of Rights and Freedoms, but is the legal system out of control? This book explains the forms of reasoning judges use when deciding how the law applies in particular cases. Section 1 introduces the general issues surrounding the judicial mandate to apply law. Section 2 describes in some detail the three modes of reasoning authorized and constituted by these rules. Section 3 features extended opinions in five controversial cases. Section 4 contains a bibliography and other reference aids. Study questions are included for use as a course text.