I’m really thrilled to announce that my new book is out! Courts Without Cases: The Law and Politics of Advisory Opinions (Hart) was released on April 18, 2019.
When one thinks of courts, it most often is in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of cases. In Canada since 1875, courts have been permitted to act as advisors alongside their ordinary, adjudicative role. These proceedings, known as references or advisory opinions, are the subject of my book. I argue that references raise numerous important questions: about the judicial role, about the relationship between courts and those who seek their “advice”, and about the nature of law.
Courts Without Cases offers the first detailed examination of that role from a legal perspective. Tracking their use in Canada since the country’s Confederation, and looking to the experience in other legal systems, I discuss how advisory opinions draw courts into the complex relationship between law and politics.
The book has been described as “lucid, original, insightful and highly readable” (Justice Lorne Sossin) and “a brilliant contribution to the literature on Canadian constitutional law and politics” (Professor Mark Walters).
You can buy the book on the Hart website as well as Amazon.