Attitudinal Decision Making In The Supreme Court Of Canada

Author : C. L. Ostberg,Matthew E. Wetstein
Publisher : UBC Press
Page : 290 pages
File Size : 53,6 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774841313

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Attitudinal Decision Making in the Supreme Court of Canada by C. L. Ostberg,Matthew E. Wetstein Pdf

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.

Author : Donald R. Songer
Publisher : McGill-Queen's Press - MQUP
Page : 237 pages
File Size : 43,5 Mb
Release : 2012
Category : Law
ISBN : 9780773539280

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Law, Ideology, and Collegiality by Donald R. Songer Pdf

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.

Author : Jeffrey Allan Segal,Harold J. Spaeth
Publisher : Unknown
Page : 390 pages
File Size : 46,8 Mb
Release : 1993
Category : Constitutional Law
ISBN : 0521422930

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The Supreme Court and the Attitudinal Model by Jeffrey Allan Segal,Harold J. Spaeth Pdf

The behaviour and decision-making processes of the US Supreme Court have often been examined using the legal model, which holds that Supreme Court decisions are based on the 'plain meaning' of the Constitution, the intent of the framers and precedent. This book investigates the decisions and the decision-making processes of the Supreme Court using an alternative framework: the attitudinal model, which holds that Supreme Court decisions are based on the attitudes and values of justices. Using the highly reliable US Supreme Court Judicial Data Base, compiled by Professor Spaeth, the authors examine all stages of the Court's decision-making processes, from staffing and access, to case selection, votes on the merits, opinion assignments and opinion coalitions, and judicial restraint and activism, and manage to explain and predict behaviour with a greater degree of accuracy. They also include a framework for understanding the impact of judicial decisions and the place of the Court in the American political system.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 45,9 Mb
Release : 2013
Category : History
ISBN : 9780774823500

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Governing from the Bench by Emmett Macfarlane Pdf

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.

Author : Jeffrey A. Segal,Harold J. Spaeth
Publisher : Cambridge University Press
Page : 484 pages
File Size : 44,5 Mb
Release : 2002-09-16
Category : Law
ISBN : 0521789710

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The Supreme Court and the Attitudinal Model Revisited by Jeffrey A. Segal,Harold J. Spaeth Pdf

Two leading scholars of the Supreme Court explain and predict its decision making.

Author : Donald R. Songer
Publisher : University of Toronto Press
Page : 305 pages
File Size : 49,5 Mb
Release : 2008-12-27
Category : Law
ISBN : 9781442692244

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The Transformation of the Supreme Court of Canada by Donald R. Songer Pdf

In the last half-century, the Supreme Court of Canada has undergone major upheaval. The most drastic change occurred with the adoption of the Charter of Rights in 1982, which substantially increased the Court's role in resolving controversial political and social issues. The Transformation of the Supreme Court of Canada examines the impact of institutional changes on the proceedings and decisions of the Court from 1970 to 2003. The first book on the Supreme Court to incorporate extensive in-depth interviews with former justices, this study provides both insiders' accounts of how decisions are made and an empirical analysis of more than 3,000 Court decisions. Drawing on this extensive commentary and statistical data, Donald R. Songer demonstrates that the Court has remained a politically moderate and democratic institution despite its considerable power and influence. The most comprehensive account of its kind to date, The Transformation of the Supreme Court of Canada makes a significant contribution to the literature and will be of particular interest to scholars and students of judicial behaviour and comparative law.

Author : Matthew E. Wetstein,C.L. Ostberg
Publisher : University of Toronto Press
Page : 354 pages
File Size : 49,7 Mb
Release : 2017-01-01
Category : Law
ISBN : 9781487501396

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Value Change in the Supreme Court of Canada by Matthew E. Wetstein,C.L. Ostberg Pdf

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.

Author : Richard L. Pacelle
Publisher : Unknown
Page : 265 pages
File Size : 54,7 Mb
Release : 2011
Category : Electronic books
ISBN : 1139090011

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Decision Making by the Modern Supreme Court by Richard L. Pacelle Pdf

"There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953-2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past"--

Author : Ian Greene
Publisher : James Lorimer & Company
Page : 266 pages
File Size : 43,7 Mb
Release : 1998
Category : Law
ISBN : 1550285645

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Final Appeal by Ian Greene Pdf

Appeal courts--including the Supreme Court of Canada--rule on the most contentious issues facing Canadian society: abortion, Aboriginal land claims, gay rights. The authors of this book have conducted extensive research into the nature and function of appeal courts and here present their findings. This book outlines how appeal court judges make their decisions and how they defend them; the role played by judicial discretion; regional differences in appeal court operations; and the increasingly controversial role courts play in policymaking. Final Appeal is a detailed analysis of the nature and operation of Canada's courts of appeal.

Author : Jeffrey A. Segal,Harold J. Spaeth
Publisher : Cambridge University Press
Page : 334 pages
File Size : 41,8 Mb
Release : 2002-09-16
Category : Political Science
ISBN : 9781139936491

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The Supreme Court and the Attitudinal Model Revisited by Jeffrey A. Segal,Harold J. Spaeth Pdf

This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation of the attitudinal model as well as an authoritative critique of the legal and rational choice models. The book thoroughly reflects research done since the 1993 publication of its predecessor, as well as decisions and developments in the Supreme Court, including the momentous decision of Bush v. Gore.

Author : Randall P. H. Balcome,Edward J. McBride,Dawn A. Russell
Publisher : Thomson Professional Pub Canada
Page : 413 pages
File Size : 52,5 Mb
Release : 1990
Category : Judges
ISBN : 0459342835

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Supreme Court of Canada Decision-making by Randall P. H. Balcome,Edward J. McBride,Dawn A. Russell Pdf

Author : Kent Roach
Publisher : Unknown
Page : 372 pages
File Size : 45,9 Mb
Release : 2001
Category : Judicial process
ISBN : STANFORD:36105060997538

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The Supreme Court on Trial by Kent Roach Pdf

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?

Author : Glendon A. Schubert
Publisher : Free Press
Page : 296 pages
File Size : 44,9 Mb
Release : 1963
Category : Judicial process
ISBN : UOM:39015010796863

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Judicial Decision-making by Glendon A. Schubert Pdf

Author : Matthew E. Wetstein,Cynthia L. Ostberg
Publisher : Unknown
Page : 337 pages
File Size : 46,7 Mb
Release : 2017
Category : Social values
ISBN : 1487513070

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Value Change in the Supreme Court of Canada by Matthew E. Wetstein,Cynthia L. Ostberg Pdf

"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."--

Author : Benjamin Nathan Cardozo
Publisher : Unknown
Page : 218 pages
File Size : 51,5 Mb
Release : 1921
Category : Judges
ISBN : UOM:39015013793164

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The Nature of the Judicial Process by Benjamin Nathan Cardozo Pdf

In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.