Attitudinal Decision Making in the Supreme Court of Canada
Attitudinal Decision Making in the Supreme Court of Canada

Author: Cynthia L. Ostberg

Publisher: University of British Columbia Press

Published: 2007

Total Pages: 296

ISBN-13:

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This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. They test the assumption, accepted by many political scientists, that conflict in the courts is due in large part to ideological divisions among the members. The groundbreaking discussion of the viability of the attitudinal model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.

Governing from the Bench
Governing from the Bench

Author: Emmett Macfarlane

Publisher: UBC Press

Published: 2013

Total Pages: 266

ISBN-13: 077482350X

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In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Attitudinal Decision Making in the Supreme Court of Canada
Attitudinal Decision Making in the Supreme Court of Canada

Author: C. L. Ostberg

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 290

ISBN-13: 0774841311

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This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.

Value Change in the Supreme Court of Canada
Value Change in the Supreme Court of Canada

Author: Matthew E. Wetstein

Publisher: University of Toronto Press

Published: 2017-06-16

Total Pages: 354

ISBN-13: 1487513089

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Value Change in the Supreme Court of Canada is a groundbreaking analysis of the degree to which Supreme Court decisions reflect the changing values of society over the past four decades. Focusing on three key areas of law: environmental disputes, free speech, and discrimination cases, Wetstein and Ostberg provide a revealing analysis of the language used by Supreme Court justices in landmark rulings in order to document the way that value changes are transmitted into the legal and political landscape. Bolstered by a comprehensive and nuanced blend of research methods, Value Change in the Supreme Court of Canada offers a sweeping analysis of pre- and post-Charter influences, one that will be of significant interest to political scientists, lawyers, journalists, and anyone interested in the increasingly powerful role of the Supreme Court.

Law, Ideology, and Collegiality
Law, Ideology, and Collegiality

Author: Donald R. Songer

Publisher: McGill-Queen's Press - MQUP

Published: 2012

Total Pages: 237

ISBN-13: 077353928X

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In a ground-breaking study on the nature of judicial behaviour in the Supreme Court of Canada, Donald Songer, Susan Johnson, C.L. Ostberg, and Matthew Wetstein use three specific research strategies to consider the ways in which justices seek to make decisions grounded in "good law" and to show how these decisions are shaped within a collegial court. The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perceived ideological tendencies to provide a critical examination of the ideological roots of judicial decision making, uncovering the complexity of contemporary judicial behaviour. Examining judicial behaviour through the lens of three different research strategies grounded in qualitative and quantitative methodologies,Law, Ideology, and Collegialitypresents compelling evidence that political ideology is a key factor in decision making and a prominent source of conflict in the Supreme Court of Canada.

The Supreme Court on Trial
The Supreme Court on Trial

Author: Kent Roach

Publisher:

Published: 2001

Total Pages: 372

ISBN-13:

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This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?

Proportionality in Action
Proportionality in Action

Author: Mordechai Kremnitzer

Publisher: Cambridge University Press

Published: 2020-04-30

Total Pages: 689

ISBN-13: 1108497586

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A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

The Rights Revolution
The Rights Revolution

Author: Charles R. Epp

Publisher: University of Chicago Press

Published: 1998-10-15

Total Pages: 348

ISBN-13: 9780226211626

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List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.