AuthorKent Roach
received much help in writing this book, with a number of col-
leagues and friends talking me through two years of research and
writing. John Borrows, Sujit Choudhry, David Dyzenhaus, Bill Kaplan,
Jonathan Rudin, Robert Sharpe, John Whyte, and an anonymous re-
viewer all made excellent suggestions that, in their own distinct ways,
helped improve this book. Jason Murphy and Trish McMahon, now
both in their third year at the University of Toronto Faculty of Law, pro-
vided excellent research assistance. The students who took my seminar
in the fall of 2000 on the Role of Courts in a Democracy made helpful
contri butions to my thinking about these topics. Bill Kaplan and Jeff
Miller of Irwin Law encouraged the idea for this book and remained
enthusiastic and supportive throughout its writing. Rosemary Shipton
provided expert editing t hat much improved the book. An earlier ver-
sion of chap ters 13 and 14 appeared in the Canadian Bar Review, and
an earlier ver sion of chapter 11 appeared in the Supreme Court Law
Review. Ron Daniels, the dean of the University of Toronto’s Faculty
of Law, provid ed essential support that allowed the book to be written.
The f‌inancial assistance of the Wright Legal Foundation is gratefully
As with all things, my family’s support was a blessing. My parents,
aunts, and in-laws all provided much needed help. My wife, Jan Cox,
understood my sometimes obsessive need to write this book and pro-
vided perspective whether things were going well or not. I am grateful
that my daughters, Erin and Carey, take an interest in their father’s

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