Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.

THE COMMON LAW. By Oliver Wendell Holmes, Jr. The Common Law is a book that was written by Oliver Wendell Holmes, Jr. in 1881. Holmes later (1902) became an Associate Justice on the Supreme Court of the United States. The book is about common law in the United states, including torts, property, contracts, and crime. It is written as a series of lectures. It has gone out of copyright and is available in full on the web at Project Gutenberg. Unfortunately, the Project Gutenberg edition is riddled with errors and the footnotes are unusable. A newly typeset edition is available in the external references below, and the original is available at the Internet Archive. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic; it has been experience," a subtle qualification of the famous seventeenth-century English jurist Sir Edward Coke's dictum that "Reason is the life of the law.

South Africa, Scotland and Quebec are among the seven major systems of "mixed jurisdictions"--legal systems with both a common and civil law content--analyzed in this comparative study. As well as the founding, raison d'etre and evolutionary tendencies of their mixed law components, Palmer also discusses the cultural divisions of the jurists and the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. He concludes that these jurisdictions form a closely related "Third Legal Family" with cohesive traits and tendencies.

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