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Sword and the Scales

NCJ Number
74942
Author(s)
J Deschenes
Date Published
1979
Length
214 pages
Annotation
This volume contains 14 papers on a variety of legal subjects presented by the Chief Justice of the Superior Court of Quebec to professional groups, political audiences, and scholars between 1976 and 1978.
Abstract
The first section of the collection contains papers dealing with topics grouped under the broad heading 'Law'; the subjects of these papers are the judge's lawmaking function, judicial review, legal separatism in Canada, and the ability of the law to adapt to contemporary society. The 'Courts' section contains papers dealing with the Canadian Judicial Council, court congestion, independent management of the courts, and the French Cour de Cassation (final reviewer of appellate decisions in France). The third section, 'Men', presents papers dealing with human aspects of the law. These include judicial power in modern society, the future of the profession of bailiff following the enactment of the Bailiff Act in 1975, the rights of children, police community relations, politics and the rule of law, and judicial selection. Many of the papers were translated from French for inclusion in the volume; some contain footnotes, and some contain tables of contents. Most papers focus on law in the Province of Quebec, although some also consider Federal law in Canada. The paper on independent management of the judiciary looks at the system of Federal court management in the U.S. as well as at court management in France and England.

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