Supreme Court Of Canada Decision Making

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Attitudinal Decision Making in the Supreme Court of Canada

Author : C. L. Ostberg,Matthew E. Wetstein
Publisher : UBC Press
Page : 290 pages
File Size : 52,6 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.

Supreme Court of Canada Decision-making

Author : Randall P. H. Balcome,Edward J. McBride,Dawn A. Russell
Publisher : Thomson Professional Pub Canada
Page : 413 pages
File Size : 49,6 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

Final Appeal

Author : Ian Greene
Publisher : James Lorimer & Company
Page : 266 pages
File Size : 52,6 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.

Governing from the Bench

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 54,9 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.

The Democratic Dilemma

Author : Nadia Verrelli
Publisher : McGill-Queen's Press - MQUP
Page : 309 pages
File Size : 47,9 Mb
Release : 2013
Category : Political Science
ISBN : 9781553392033

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The Democratic Dilemma by Nadia Verrelli Pdf

The process used to select judges of the Supreme Court of Canada has provoked criticism from the start. Some observers argue the process - where the prime minister has unfettered discretion - suffers from a democratic deficit, but there is also disagreement regarding alternative methods of selection. The Democratic Dilemma: Reforming Canada's Supreme Court explores the institutional features of the Court, whether the existing process used to select judges ought to be reformed, the overall legitimacy of the Court, as well as the selection and appointment processes of Supreme Court justices in other liberal democracies. This book will be of special interest to students and scholars of Canadian federalism, the judiciary, and comparative supreme courts. The Democratic Dilemma: Reforming Canada's Supreme Court is the second volume in the Institute of Intergovernmental Relations' Democratic Dilemma series. The first, The Democratic Dilemma: Reforming the Canadian Senate is edited by Jennifer Smith. Contributors include Arthur Benz (Technische Universität Darmstadt, Germany), Jorge O. Bercholc (Institute of Social and Legal Research Ambrosio L. Gioja), Eugénie Brouillet (Université Laval), Erin Crandall (McGill University), Neil Cruickshank (Algoma University), F.C. DeCoste (University of Alberta), Yonatan Fessha (University of the Western Cape, South Africa), Peter W. Hogg (Blake, Cassels & Graydon LLP), Eike-Christian Hornig (Technische Universität Darmstadt, Germany), Allan C. Hutchinson York University), Achim Hurrelmann (Carleton University), Andrée Lajoie (Université de Montréal), Martin Manolov (Human Resources and Skills Development Canada), Aman McLeod (Rutgers University), Peter McCormick (University of Lethbridge), Peter Oliver (University of Ottawa), Yves Tanguay (CRIDAQ), Alan Trench (solicitor, England and Wales), and Nadia Verrelli (Algoma University and Queen's University).

Final Appeal

Author : Ian"" ""Greene
Publisher : Unknown
Page : 266 pages
File Size : 47,9 Mb
Release : 1998
Category : Electronic
ISBN : 1459325214

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Final Appeal by Ian"" ""Greene Pdf

Ethical Principles for Judges

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 46,6 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Value Change in the Supreme Court of Canada

Author : Matthew E. Wetstein,Cynthia L. Ostberg
Publisher : Unknown
Page : 337 pages
File Size : 40,6 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."--

Commitment and Cooperation on High Courts

Author : Benjamin Alarie,Andrew J. Green
Publisher : Oxford University Press
Page : 200 pages
File Size : 42,5 Mb
Release : 2017-07-25
Category : Law
ISBN : 9780199397600

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Commitment and Cooperation on High Courts by Benjamin Alarie,Andrew J. Green Pdf

Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

Law and Legality

Author : John Claydon,J. Donald C. Galloway
Publisher : Unknown
Page : 566 pages
File Size : 51,9 Mb
Release : 1980
Category : Law
ISBN : STANFORD:36105043677280

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Law and Legality by John Claydon,J. Donald C. Galloway Pdf

The Law of Costs

Author : Mark M. Orkin
Publisher : Canada Law Book
Page : 128 pages
File Size : 51,5 Mb
Release : 1987
Category : Costs (Law)
ISBN : 0888040504

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The Law of Costs by Mark M. Orkin Pdf

Administrative Law in Canada

Author : Sara Blake
Publisher : Markham, Ont. : Butterworths
Page : 288 pages
File Size : 45,9 Mb
Release : 1992
Category : Law
ISBN : STANFORD:36105044566698

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Administrative Law in Canada by Sara Blake Pdf

Law, Politics and the Judicial Process in Canada

Author : Frederick Lee Morton
Publisher : Calgary : University of Calgary Press
Page : 516 pages
File Size : 42,8 Mb
Release : 1992
Category : Canada
ISBN : UOM:39076001314595

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Law, Politics and the Judicial Process in Canada by Frederick Lee Morton Pdf

Law, Ideology, and Collegiality

Author : Donald R. Songer
Publisher : McGill-Queen's Press - MQUP
Page : 237 pages
File Size : 53,8 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.

Value Change in the Supreme Court of Canada

Author : Matthew E. Wetstein,C.L. Ostberg
Publisher : University of Toronto Press
Page : 354 pages
File Size : 48,7 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.