Introduction
Are judges worth studying?
Judicial values
Second order questions
"Judicial personalities"
Labelling
can a judge be a positivist?
Theories of judging
Further questions
Part I
Ivan Cleveland Rand
1. Introduction
2. Biographical sketch
3. The civil libertarian
Role of judges
Rights applied
Economic rights
Judicial technique
Implied bill of rights
Order and justice
4. The federalist
Regional "rights"
Constitutional ambivalence
Rand and centralism
5. The arbitrator
Rationalists and shibboleths
The Rand formula
Red and green lights
6. The adjudicator
Children, windows and wells
Bilateral offers and tickets
7. The philosopher and Canadian judging
Rand's background values
Was Rand a natural lawyer?
Rand's rhetoric and deceitful judges
The Canadian judge
Part II
Partrick Kerwin
8. Introduction
A brief tale of two judges
9. Analytical concerns
Appendix
10. Kerwin's context: an illustration of the interrelation of individuals, institutions, ideas, and issues
Some comments upon a title
11. Kerwin's career: the individual, the institution, the idea, the issue
Some reflections on judicial style
Independence versus collegiality
12. Kerwin's cases: the jurisprudence of parsimony
Cases in point
13. Contextual changes: the changing character of Canadian Constitutional Law
14. Epilogue
Part III
Ronald Martland
15. Introduction
16. Martland's social and political background
17. Martland on judging: a practitioner not a philosopher
18. Martland on judges
19. "One step backward": Martland's record in civil liberties cases
20. Procedural protections for accused persons: rights or privileges
Martland's performance in criminal cases
21. Justice Martland as adjudicator: a master of rules
22. An eminent interpeter of Canada's Constitution
Martland on trade and commerce
Ancillary power
The PGG power
Constitutional Amendment
23. Martland's judicial style
The major themes of Martland's judicial style
The judicial process models reflected in Martland's work
Martland's favoured tools
Martland's contribution
Index