Landmark decision
Encyclopedia
Landmark court decisions establish new precedent
s that establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law
. In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved.
A leading decision may settle the law in more than one way. It may do so by:
Landmark decisions in Australia
have usually been made by the High Court of Australia
, although historically some have been made by the Judicial Committee of the Privy Council
in London
.
There is no universal agreement as to what constitutes a "leading decision" in Canada. One indication, however, is the inclusion of the ruling in one or more of the series of compilations prepared by Peter Russell
and a changing list of collaborators. These books include:
Landmark decisions in Canada
are have usually been made by the Supreme Court of Canada
. Prior to the abolition of appeals of Supreme Court decisions in the 1940s, most landmark decisions were made by the Judicial Committee of the Privy Council
in London
.
Landmark decisions in the United Kingdom
have usually been made by the Court of Appeal
or the House of Lords
, and the High Court of Justice of England and Wales. Many twentieth century examples have involved contributions from the late Lord Denning. 'Landmark decision' as a term is not usually used in England and Wales. The usual term is 'leading case'.
may also make such decisions, particularly if the Supreme Court chooses not to review the case, or adopts the holding of the court below. Although many cases from state supreme court
s are significant in developing the law of that state, only a few are so revolutionary that they announce standards that many other state courts then choose to follow.
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s that establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved.
A leading decision may settle the law in more than one way. It may do so by:
- distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of stare decisisStare decisisStare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
; - establishing a “test” (that is, a measurable standard that can be applied by courts in future decisions), such as the Oakes testR. v. OakesR. v. Oakes [1986] 1 S.C.R. 103 is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights and freedoms through legislation if it can be...
(in Canadian law) or the Bolam test (in English law).
Landmark decisions in Australia
- Main articles: List of High Court of Australia cases and List of Judicial Committee of the Privy Council cases
Landmark decisions in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
have usually been made by the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, although historically some have been made by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.
- In 1948 the High Court of Australia found that the ChifleyBen ChifleyJoseph Benedict Chifley , Australian politician, was the 16th Prime Minister of Australia. He took over the Australian Labor Party leadership and Prime Ministership after the death of John Curtin in 1945, and went on to retain government at the 1946 election, before being defeated at the 1949...
government's legislation to nationalise Australia's private banks was unconstitutional. - In 1951 the High Court of Australia found that Robert MenziesRobert MenziesSir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
' attempts to ban the Communist Party of AustraliaCommunist Party of AustraliaThe Communist Party of Australia was founded in 1920 and dissolved in 1991; it was succeeded by the Socialist Party of Australia, which then renamed itself, becoming the current Communist Party of Australia. The CPA achieved its greatest political strength in the 1940s and faced an attempted...
were unconstitutional. - In 1992 Eddie Mabo & Ors v The State of Queensland (No.2) invalidated the declaration of terra nulliusTerra nulliusTerra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one" , which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished...
.
Landmark decisions in Canada
- Main articles: List of Supreme Court of Canada cases and List of Judicial Committees of the Privy Council cases
There is no universal agreement as to what constitutes a "leading decision" in Canada. One indication, however, is the inclusion of the ruling in one or more of the series of compilations prepared by Peter Russell
Peter Russell
Peter Russell M.A., D.C.S. is a British author of ten books and producer of three films on consciousness, spiritual awakening and their role in the future development of humanity. He has designed and taught personal development programs for businesses, and has remained a popular public...
and a changing list of collaborators. These books include:
- Leading Constitutional Decisions (first published 1965, with several later editions);
- Federalism and the Charter: Leading Constitutional Decisions (published in 1989, co-edited by Russell, F.L. Morton and Rainer KnopffRainer KnopffRainer Knopff is a writer, professor of political science at the University of Calgary, Canada, and member of a group known as the Calgary School. He especially well-known for his views about the influence of judicial decisions on Canadian public policy...
); - The Court and the Charter: Leading Cases (published in 2008, co-edited by Russell, Morton, Knopff, Thomas BatemanThomas BatemanThomas Bateman was an English antiquary and barrow-digger.-Biography:Thomas Bateman was born in Rowsley, Derbyshire, England, the son of the amateur archaeologist William Bateman...
and Janet Hiebert); and - The Court and the Constitution: Leading Cases (published in 2008, co-edited by Russell, Morton, Knopff, Bateman and Hiebert).
Landmark decisions in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
are have usually been made by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. Prior to the abolition of appeals of Supreme Court decisions in the 1940s, most landmark decisions were made by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.
| Decision | Court | Date & citation | Subject matter | Principle or rule established by the court's decision | Full text |
|---|---|---|---|---|---|
| Robertson and Rosetanni v. R. | Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1963] S.C.R. 651 | Canadian Bill of Rights Canadian Bill of Rights The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes... |
Establishes that the Bill of Rights is not concerned with rights in any abstract sense, but rather with the more modest objective of prohibiting restrictions on rights as they existed in Canada at the time the Bill of Rights was enacted. | http://www.canlii.org/eliisa/highlight.do?text=robertson+and+rosetanni&language=en&searchTitle=Canada+%28federal%29+-+Supreme+Court+of+Canada&path=/en/ca/scc/doc/1963/1963canlii17/1963canlii17.html |
| re Anti-Inflation Act Reference re Anti-Inflation Act Reference re Anti-Inflation Act, [1976] 2 S.C.R. 373 was a landmark reference question opinion of the Supreme Court of Canada on the constitutionality of the Anti-Inflation Act... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1976] 2 S.C.R. 373 | Use of extraneous material in court decisions. | Established that it is acceptable for Canadian courts to examine historical material in addition to the text of the relevant statute. | http://www.canlii.org/en/ca/scc/doc/1984/1984canlii3/1984canlii3.html |
| Patriation Reference Patriation Reference Reference re a Resolution to amend the Constitution, [1981] 1 S.C.R. 753 – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada.The Court affirmed the existence of... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1981] 1 S.C.R. 753 | Constitutional conventions Constitutional convention (political custom) A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most... |
Establishes that constitutional conventions Constitutional convention (political custom) A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most... are not legally binding. |
http://scc.lexum.org/en/1981/1981scr1-753/1981scr1-753.html |
| Quebec v. Blaikie Attorney General of Quebec v. Blaikie (No. 1) Quebec v. Blaikie, [1979] 2 S.C.R. 1016 is a leading decision of the Supreme Court of Canada on language rights in the Constitution Act, 1867... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1979] 2 SCR 1016 | Status of English & French in Quebec legislation. | Established that all laws and regulations of the province of Quebec, as well as all courts and tribunals, must treat French and English with absolute equality. | http://www.canlii.org/en/ca/scc/doc/1979/1979canlii21/1979canlii21.html |
| R. v. Sparrow R. v. Sparrow R. v. Sparrow, [1990] 1 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35 of the Constitution Act, 1982... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1990] 1 S.C.R. 1075 | Constitution Act, 1982, section 35(1) Section Thirty-five of the Constitution Act, 1982 Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms... (Aboriginal rights) |
Establishes that aboriginal rights that pre-exist the Constitution Act, 1982 cannot be infringed without justification. | http://www.musqueam.bc.ca/pdfs/R_v_Sparrow.pdf. |
| Delgamuukw v. British Columbia Delgamuukw v. British Columbia Delgamuukw v. British Columbia [1997] 3 S.C.R. 1010, also known as Delgamuukw vs. the Queen is a famous leading decision of the Supreme Court of Canada where the Court made its most definitive statement on the nature of aboriginal title in Canada.... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1997] 3 S.C.R. 1010 | Constitution Act, 1982, section 35(1) Section Thirty-five of the Constitution Act, 1982 Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms... (Aboriginal rights) |
http://scc.lexum.org/en/1997/1997scr3-1010/1997scr3-1010.html | |
| R. v. Marshall R. v. Marshall R. v. Marshall [1999] 3 S.C.R. 456 and R. v. Marshall [1999] 3 S.C.R. 533 are two decisions given by the Supreme Court of Canada on a single case regarding a treaty right to fish.-Decisions:... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1999] 3 S.C.R. 456 | Constitution Act, 1982, section 35(1) Section Thirty-five of the Constitution Act, 1982 Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms... (Aboriginal rights) |
Establishes that aboriginal treaty rights are subject to Canadian law, but not to provincial licencing systems. | R v Marshall (No 1)R v Marshall (No 2) |
| Re B.C. Motor Vehicle Act Re B.C. Motor Vehicle Act Reference re Section 94 of the Motor Vehicle Act, [1985] 2 S.C.R. 486 was a landmark reference submitted to the Supreme Court of Canada regarding the constitutionality of the British Columbia Motor Vehicle Act... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1985] 2 S.C.R. 486 | Charter of Rights, section 7 Section Seven of the Canadian Charter of Rights and Freedoms Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and... (Legal rights) |
Establishes that laws which impose prison sentences for ”absolute liability” Absolute liability Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions.To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action, but also have had a deliberate intention or guilty mind... offences (i.e. offences for which intent or negligence need not be shown) are invalidated by section 7 Section Seven of the Canadian Charter of Rights and Freedoms Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and... of the Charter. |
http://www.canlii.org/en/ca/scc/doc/1985/1985canlii81/1985canlii81.html |
| R. v. Morgentaler R. v. Morgentaler R. v. Morgentaler [1988] 1 S.C.R. 30 was a decision of the Supreme Court of Canada wherein the abortion provision in the Criminal Code of Canada was found to be unconstitutional, as it violated a woman's right under section 7 of the Canadian Charter of Rights and Freedoms to "security of person"... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1988] 1 S.C.R. 30 | Charter of Rights, section 7 Section Seven of the Canadian Charter of Rights and Freedoms Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and... (Legal rights), abortion Abortion Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced... |
The abortion provision in the Criminal Code Criminal Code A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law... violated the right of women, under section 7 Section Seven of the Canadian Charter of Rights and Freedoms Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and... of the Charter to “security of the person.” |
http://scc.lexum.org/en/1988/1988scr1-30/1988scr1-30.html |
| Gosselin v. Quebec Gosselin v. Quebec (Attorney General) Gosselin v. Quebec [2002] 4 S.C.R. 429, 2002 SCC 84, is a leading Supreme Court of Canada case in which the Court rejected a Charter challenge against a Quebec law excluding citizens under 30 from receiving full social security benefits.... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[2002] 4 S.C.R. 429 | Charter of Rights, section 7 Section Seven of the Canadian Charter of Rights and Freedoms Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and... (Legal rights) |
Establishes that section 7 does not mandate positive rights Negative and positive rights Philosophers and political scientists make a distinction between negative and positive rights . According to this view, positive rights permit or oblige action, whereas negative rights permit or oblige inaction. These permissions or obligations may be of either a legal or moral character... to welfare benefits, but that “a positive obligation to sustain life, liberty or security of the person may be made out” under different circumstances than those of the instant case. |
http://scc.lexum.org/en/2002/2002scc84/2002scc84.html |
| Andrews v. Law Society of British Columbia Andrews v. Law Society of British Columbia Andrews v. Law Society of British Columbia, [1989] 1 SCR 143 is the first Supreme Court of Canada case to deal with section 15 of the Canadian Charter of Rights and Freedoms... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1989] 1 S.C.R. 143 | Charter of Rights, section 15 Section Fifteen of the Canadian Charter of Rights and Freedoms Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges... (Equality rights) |
Establishes the “Andrews test” for determining whether Charter-protected equality rights have been violated. | http://scc.lexum.org/en/1989/1989scr1-143/1989scr1-143.html |
| Hunter v. Southam | Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1984] 2 S.C.R. 145 | Charter of Rights, section 8 Section Eight of the Canadian Charter of Rights and Freedoms Section Eight of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This Charter right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state... (Legal rights) |
Establishes that the Charter ought to be interpreted purposively. | http://www.canlii.org/en/ca/scc/doc/1984/1984canlii33/1984canlii33.html |
| R. v. Feeney R. v. Feeney R. v. Feeney, [1997] 2 S.C.R. 13 is a leading decision of the Supreme Court of Canada on the right, under section 8 of the Canadian Charter of Rights and Freedoms against unreasonable search and seizure... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1997] 2 S.C.R. 13 | Constitution Act, 1982, section 8 Section Eight of the Canadian Charter of Rights and Freedoms Section Eight of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This Charter right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state... (Procedural rights) |
Establishes that the police cannot enter a home without a search warrant. | http://www.canlii.org/en/ca/scc/doc/1997/1997canlii342/1997canlii342.html |
| Egan v. Canada Egan v. Canada Egan v. Canada, [1995] 2 S.C.R. 513, was one of a trilogy of equality rights cases published by a very divided Supreme Court of Canada in the spring of 1995... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1995] 2 S.C.R. 513 | Charter of Rights, section 15(1) Section Fifteen of the Canadian Charter of Rights and Freedoms Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges... (Equality rights) |
Establishes that discrimination on the basis of sexual orientation is prohibited under section 15(1) Section Fifteen of the Canadian Charter of Rights and Freedoms Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges... . |
http://scc.lexum.org/en/1995/1995scr2-513/1995scr2-513.html |
| Law v. Canada Law v. Canada (Minister of Employment and Immigration) Law v. Canada , [1999] 1 S. C. R. 497 is a leading Supreme Court of Canada decision. The ruling is notable because the court created the Law test, a significant new tool that has since been used by Canadian courts for determining the validity of equality right claims under section 15 of the... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1999] 1 S.C.R. 497 | Charter of Rights, section 15(1) Section Fifteen of the Canadian Charter of Rights and Freedoms Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges... (Equality rights) |
Establishes the “Law test” for identifying Charter-prohibited discrimination. | http://scc.lexum.org/en/1999/1999scr1-497/1999scr1-497.html |
| Canada (Attorney General) v. Hislop Canada (Attorney General) v. Hislop Canada v. Hislop, 2007 SCC 10 is a leading decision of the Supreme Court of Canada on equality rights under section 15 of the Canadian Charter of Rights and Freedoms and the retroactivity of Charter remedies. The Court struck down provisions in the amended Canada Pension Plan on grounds that it... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[2007] 1 S.C.R. 429 | Charter of Rights, section 15 Section Fifteen of the Canadian Charter of Rights and Freedoms Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges... (Equality rights) |
Establishes that Charter-mandated rights come into existence, for purposes of applicability, only from the moment that their existence is determined by the court. Charter rights are not “discovered” in the sense proposed by Blackstone William Blackstone Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke... , and therefore are not retroactive. |
http://scc.lexum.org/en/2007/2007scc10/2007scc10.html |
| Ford v. Quebec (A.G.) | Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1988] 2 S.C.R. 712 | Charter of Rights, section 2(b) Section Two of the Canadian Charter of Rights and Freedoms Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or... (Freedom of expression) |
http://scc.lexum.org/en/1988/1988scr2-712/1988scr2-712.html | |
| Irwin Toy Ltd. v. Quebec (A.G.) Irwin Toy Ltd. v. Quebec (Attorney General) Irwin Toy Ltd. v. Quebec , [1989] 1 S.C.R. 927 is a landmark Supreme Court of Canada decision on freedom of expression in section 2 of the Canadian Charter of Rights and Freedoms... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1989] 1 S.C.R. 927 | Charter of Rights, section 2(b) Section Two of the Canadian Charter of Rights and Freedoms Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or... (Freedom of expression) |
http://scc.lexum.org/en/1989/1989scr1-927/1989scr1-927.html | |
| R. v. Zundel R. v. Zundel R. v. Zundel [1992] 2 S.C.R. 731 is a landmark Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code of Canada that prohibited publication of false information or news on the basis that it violated the freedom of expression provision under section 2 of the... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1992] 2 S.C.R. 731 | Charter of Rights, section 2(b) Section Two of the Canadian Charter of Rights and Freedoms Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or... (Freedom of expression) |
http://scc.lexum.org/en/1992/1992scr2-731/1992scr2-731.html | |
| R. v. Sharpe R. v. Sharpe R. v. Sharpe, [2001] 1 S.C.R. 45, 2001 SCC 2, is a Canadian civil rights decision of the Supreme Court of Canada. The Court upheld the child pornography provisions of the Criminal Code of Canada as a valid limitation of the right to freedom of expression under section 2 of the Canadian Charter of... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[2001] 1 S.C.R. 45 | Charter of Rights, section 2(b) Section Two of the Canadian Charter of Rights and Freedoms Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or... (Freedom of expression) |
http://scc.lexum.org/en/2001/2001scc2/2001scc2.html | |
| Mahe v. Alberta Mahe v. Alberta Mahé v. Alberta, [1990] 1 S.C.R. 342 is a leading decision of the Supreme Court of Canada. The ruling is notable because the court established that section 23 of the Canadian Charter of Rights and Freedoms requires that parents of the official-language minority in each province have the right... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1990] 1 S.C.R. 342 | Charter of Rights, section 23 Section Twenty-three of the Canadian Charter of Rights and Freedoms Section Twenty-three of the Canadian Charter of Rights and Freedoms is the section of the Charter that constitutionally guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec... (Minority-language education rights) |
Establishes that section 23 Section Twenty-three of the Canadian Charter of Rights and Freedoms Section Twenty-three of the Canadian Charter of Rights and Freedoms is the section of the Charter that constitutionally guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec... of the Charter is intended to be remedial, and therefore should be given a large and liberal interpretation. |
http://scc.lexum.org/en/1990/1990scr1-342/1990scr1-342.html |
| R. v. Oakes R. v. Oakes R. v. Oakes [1986] 1 S.C.R. 103 is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights and freedoms through legislation if it can be... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1986] 1 S.C.R. 103 | Charter of Rights, section 1 Section One of the Canadian Charter of Rights and Freedoms Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an... (limits on rights protected elsewhere in the Charter) |
Establishes the "Oakes test" determining whether laws placing limits on Charter-protected rights are permitted under section 1 Section One of the Canadian Charter of Rights and Freedoms Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an... of the Charter. |
http://scc.lexum.org/en/1986/1986scr1-103/1986scr1-103.html |
| Meiorin case | Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[1999] 3 S.C.R. 3 | Charter of Rights, section 15(1) Section Fifteen of the Canadian Charter of Rights and Freedoms Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges... (Equality rights) |
Establishes the “Meiorin test” to be used in applying human rights legislation. | http://scc.lexum.org/en/1999/1999scr3-3/1999scr3-3.html. |
| Auton v. British Columbia Auton (Guardian ad litem of) v. British Columbia (Attorney General) Auton v. British Columbia , [2004] 3 S.C.R. 657, is a leading decision of the Supreme Court of Canada wherein the Court ruled that government funding for non-core medically necessary treatments is not protected under section 15 of the Canadian Charter of Rights and Freedoms.-Background:The... |
Supreme Court Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... |
[2004] 3 S.C.R. 657 | Charter of Rights, section 15 Section Fifteen of the Canadian Charter of Rights and Freedoms Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges... (Equality rights) |
Establishes that section 15 Section Fifteen of the Canadian Charter of Rights and Freedoms Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges... of the Charter does not create a positive right Negative and positive rights Philosophers and political scientists make a distinction between negative and positive rights . According to this view, positive rights permit or oblige action, whereas negative rights permit or oblige inaction. These permissions or obligations may be of either a legal or moral character... to receive government services. |
http://scc.lexum.org/en/2004/2004scc78/2004scc78.html |
Landmark decisions in the United Kingdom
- Main articles: List of House of Lords cases
Landmark decisions in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
have usually been made by the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
or the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
, and the High Court of Justice of England and Wales. Many twentieth century examples have involved contributions from the late Lord Denning. 'Landmark decision' as a term is not usually used in England and Wales. The usual term is 'leading case'.
- Darcy v. AlleinDarcy v. AlleinEdward Darcy Esquire v Thomas Allin of London Haberdasher 74 ER 1131 , was an early landmark case in English law, establishing that the grant of exclusive rights to produce any article was improper...
[1603] 77 Eng. Rep. 1260Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(King’s Bench) (most widely known as The Case of Monopolies): establishing that it was improper for any individual to be allowed to have a monopolyMonopolyA monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
over a trade. - The Case of ProhibitionsCase of ProhibitionsCase of Prohibitions [1607] is a historical English court decision by Sir Edward Coke. Before the Glorious Revolution of 1688, when the sovereignty of Parliament was confirmed, this case wrestled supremacy from the King in favour of the courts....
(1607) (Court of Common PleasCourt of Common Pleas (England)The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
) - Bushel's CaseBushel's CaseBushel’s Case 124 E.R. 1006 is a famous English decision on the role of juries. It also confirmed that the Court of Common Pleas could issue a writ of habeas corpus in ordinary criminal cases.-Background:...
(1670) (Court of Common PleasCourt of Common Pleas (England)The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
): establishing the principle that a judgeJudgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
cannot coerce a juryJuryA jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
to convict. - Entick v. Carrington [1765] 19 Howell's State Trials 1030Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing the civil libertiesCivil libertiesCivil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
of individuals and limiting the scope of executive powerExecutive PowerExecutive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
. - Tulk v. Moxhay (1848) 41 ER 1143Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing that in certain cases a restrictive covenantRestrictive covenantA restrictive covenant is a type of real covenant, a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something. Such restrictions frequently "run with the land" and are enforceable on subsequent buyers of the property...
can "run with the land" (i.e. bind a future owner) in equity. - Hadley v. BaxendaleHadley v. BaxendaleHadley v Baxendale [1854] is a leading English contract law case. It set the basic rule for how to determine the scope of consequential damages arising from a breach of contract, that one is liable for all losses that ought to have been in the contemplation of the contracting parties.-Facts:The...
(1854) 9 Exch. 341Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(Court of ExchequerCourt of Exchequer ChamberThe Court of Exchequer Chamber was an English appellate court for common law civil actions, prior to the reforms of the Judicature Acts of 1873-1875....
): establishing the extent to which a party in breach of contract is liable for the damages. - Rylands v. Fletcher (1868) LR 3 HL 330Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing a doctrine of strict liabilityStrict liabilityIn law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
for some inherently dangerous activities. - Foakes v. BeerFoakes v. BeerFoakes v Beer [1884] is an English contract law case, which applied the controversial Pre-existing Duty Rule in the context of part payments of debts. It is a leading case from the House of Lords on the legal concept of consideration. It established the rule that prevents parties from discharging...
[1884] 9 A.C. 605Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing the rule that prevents parties from discharging a contractual obligation by part performance. - The MoorcockThe MoorcockThe Moorcock 14 PD 64 is a leading English contract law case, which introduced the concept of implied terms. It has been superseded by more modern approach to implied terms in recent cases such as Equitable Life Assurance Society v Hyman and Attorney General of Belize v Belize Telecom...
14 P.D. 64 (1889)Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing the concept of implied terms in contract law. - Carlill v. Carbolic Smoke Ball CompanyCarlill v. Carbolic Smoke Ball CompanyCarlill v Carbolic Smoke Ball Company [1893] is an English contract law decision by the Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms...
[1893] 1 QB 256Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing the test for formation of a contractContractA contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
. - Dunlop Pneumatic Tyre v. Selfridge and Co. Ltd.Dunlop Pneumatic Tyre v. Selfridge and Co. Ltd.Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] is an English contract law case, with relevance for UK competition law decided in the House of Lords...
[1915] A.C. 847Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: confirming privity of contractPrivity in English lawPrivity is a doctrine in English contract law that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, ie a...
: only a party to a contract can be sued on it. - Donoghue v. StevensonDonoghue v. StevensonDonoghue v Stevenson [1932] UKHL 100 was a decision of the House of Lords that established the modern concept of negligence in Scots law and English law, by setting out general principles whereby one person would owe another person a duty of care...
[1932] S.C.(H.L.) 31Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: Lord Atkin established the "neighbour principle" as the foundation of the modern tortTortA tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
(Scottish delictDelictIn civil law, a delict is an intentional or negligent act which gives rise to a legal obligation between parties even though there has been no contract between them. Due to the large number of civil law systems in the world, it is hard to state any generalities about the concept...
) of negligenceNegligenceNegligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
. This case used a wide Ratio decidendiRatio decidendiRatio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision." The ratio decidendi is "[t]he point in a case which determines the judgment" or "the principle which the case establishes."...
, which was held later as obiter, but still established the law of tort. - Central London Property Trust Ltd v. High Trees House LtdCentral London Property Trust Ltd v. High Trees House LtdCentral London Property Trust Ltd v High Trees House Ltd [1947] KB 130 is an English contract law decision in the High Court. It reaffirmed the doctrine of promissory estoppel in contract law in England and Wales...
[1947] K.B. 130Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing the doctrine of promissory estoppel. - Associated Provincial Picture Houses Ltd v Wednesbury CorporationWednesbury unreasonablenessAssociated Provincial Picture Houses v Wednesbury Corporation [1947] 1 KB 223 is an English law case which set down the standard of unreasonableness of public body decisions which render them liable to be quashed on judicial review...
[1948] 1 KB 223Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: estalishing the concept of Wednesbury unreasonablenessWednesbury unreasonablenessAssociated Provincial Picture Houses v Wednesbury Corporation [1947] 1 KB 223 is an English law case which set down the standard of unreasonableness of public body decisions which render them liable to be quashed on judicial review...
for judicial reviewJudicial reviewJudicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. - Hedley Byrne v. HellerHedley Byrne v. HellerHedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 is an English tort law case on pure economic loss, resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected, with the only...
[1963] 2 All E.R. 575Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing liability for pure economic loss, absent any contract, arising from a negligent statement. - Fagan v. Metropolitan Police CommissionerFagan v. Metropolitan Police CommissionerFagan v Metropolitan Police Commissioner [1969] 1 QB 439, [1968] 3 All ER 442, [1968] 3 WLR 1120, 52 Cr App R 700, DC is a leading case that illustrates the requirement of concurrence of actus reus and mens rea in order to establish an offence under the criminal law of England and...
[1969] 1 QB 439Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: a leading case illustrating the requirement for concurrenceConcurrenceIn Western jurisprudence, concurrence is the apparent need to prove the simultaneous occurrence of both actus reus and mens rea , to constitute a crime; except in crimes of strict liability...
of actus reusActus reusActus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions...
(LatinLatinLatin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "guilty act") and mens reaMens reaMens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
(Latin for "guilty mind") in order to establish a criminal offence. - Ramsay v. IRC [1982] A. C. 300Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing a doctrine that ignores for tax purposes the purported effect of a pre-ordained series of transactions into which there are inserted steps that have no commercial purpose apart from the avoidance of a liability to tax. - Furniss v. DawsonFurniss v. DawsonFurniss v. Dawson is an important House of Lords case in the field of UK tax. Its full name is "Furniss v. Dawson D.E.R., Furniss v. Dawson G.E., Murdoch v. Dawson R.S.", and its citation is [1984] A.C. 474, or alternatively [1984] 2 W.L.R...
[1984] A.C. 474Case citationCase citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
: establishing that tax can be levied on the results of a composite transaction, even if steps that are only there for the purpose of avoiding tax do not cancel each other out. - Factortame caseFactortame caseThe Factortame litigation led to a series of landmark decisions in United Kingdom and European Union law. The case confirmed the supremacy of European Union law over national law in the areas where the EU has competence...
(1990): the European Court of JusticeEuropean Court of JusticeThe Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
ruled that the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
was required to suspend an Act of Parliament that infringed EC law. - R v R [1991]: the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
invalidated the defence of marital rape to reflect a changing view in society.
Landmark decisions in the United States
Landmark cases in the United States come most frequently (but not exclusively) from the United States Supreme Court. United States Courts of AppealUnited States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
may also make such decisions, particularly if the Supreme Court chooses not to review the case, or adopts the holding of the court below. Although many cases from state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
s are significant in developing the law of that state, only a few are so revolutionary that they announce standards that many other state courts then choose to follow.
External links
- Supreme Court Landmark Decisions — Cornell Law School
- Links to Additional Information on Supreme Court Landmarks Decisions — Constitutional Rights Foundation