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Full-Text Articles in Jurisprudence
The Next Revolution? Negligence Law For The 21st Century, Allan C. Hutchinson
The Next Revolution? Negligence Law For The 21st Century, Allan C. Hutchinson
Articles & Book Chapters
Donoghue’s neighbour is still the defining concept of Canadian tort law. Indeed, the whole history of modern negligence law can be reasonably understood as a concerted judicial effort to adapt and accommodate that principle to changing social, commercial and legal conditions. Now, 90 years later, it is perhaps time to recommend another revolution in negligence law. The Donoghue-inspired doctrine has done sterling work, but it is now weighed down with a bewildering range of conditions, clarifications and complications. When the duty analysis is complemented by other related requirements of causation and remoteness, the law of negligence has become something of …
Walking The Line: The Politics Of Federalism And Environmental Change, Allan C. Hutchinson
Walking The Line: The Politics Of Federalism And Environmental Change, Allan C. Hutchinson
Articles & Book Chapters
This short paper looks at the Greenhouse Gas Pollution Pricing Act decision through a wider and more critical jurisprudential lens. In so doing, I demonstrate that the courts are no less political than legislatures in making decisions about who has the constitutional capacity to decide on how the challenges of climate change should be met. This is not so much a criticism of the Supreme Court of Canada, but an inevitable feature of constitutional law. After introducing the traditional and received explanation of the differences between political decision-making and judicial decision-making, I delve deeper into the Court's opinions and show …