The Judicial Role In A Diverse Federation

Author : Robert Schertzer
Publisher : Unknown
Page : 349 pages
File Size : 43,7 Mb
Release : 2016
Category : LAW
ISBN : 1487510624

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The Judicial Role in a Diverse Federation by Robert Schertzer Pdf

"In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada's Supreme Court and for those engaged in broader debates about the use of federalism in multinational states."--

Author : Robert Schertzer
Publisher : University of Toronto Press
Page : 349 pages
File Size : 55,6 Mb
Release : 2016-01-01
Category : History
ISBN : 9781487500283

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The Judicial Role in a Diverse Federation by Robert Schertzer Pdf

In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada's Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.

Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 461 pages
File Size : 46,7 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487523152

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Policy Change, Courts, and the Canadian Constitution by Emmett Macfarlane Pdf

Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

Author : Luis Moreno,César Colino
Publisher : McGill-Queen's Press - MQUP
Page : 450 pages
File Size : 50,9 Mb
Release : 2010-07-01
Category : Political Science
ISBN : 9780773590878

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Diversity and Unity in Federal Countries by Luis Moreno,César Colino Pdf

In Diversity and Unity in Federal Countries, leading scholars and practitioners analyse the current political, socio-economic, spatial, and cultural diversity in the countries under consideration before delving into the role that social, historical, and political factors have had in shaping the balance of diversity and unity. The authors assess the value placed on diversity by examining whether present institutional arrangements and public policies restrict or enhance diversity and address the future challenges of balancing diversity and unity in an increasingly populated and mobile world.

Author : Susan B. Haire,Laura P. Moyer
Publisher : University of Virginia Press
Page : 216 pages
File Size : 54,5 Mb
Release : 2015-05-19
Category : Political Science
ISBN : 9780813937199

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Diversity Matters by Susan B. Haire,Laura P. Moyer Pdf

Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts. Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.

Author : Daniel Halberstam,Mathias Reimann
Publisher : Springer Science & Business Media
Page : 559 pages
File Size : 54,7 Mb
Release : 2013-11-21
Category : Law
ISBN : 9789400773981

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Federalism and Legal Unification by Daniel Halberstam,Mathias Reimann Pdf

How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

Author : Martine Valois,Ian Greene,Craig Forcese,Peter McCormick
Publisher : Irwin Law
Page : 128 pages
File Size : 42,7 Mb
Release : 2021-10
Category : Electronic
ISBN : 1552215474

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The Federal Court of Appeal and the Federal Court by Martine Valois,Ian Greene,Craig Forcese,Peter McCormick Pdf

The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.

Author : Graham Gee,Erika Rackley
Publisher : Routledge
Page : 332 pages
File Size : 40,6 Mb
Release : 2017-09-11
Category : Law
ISBN : 9781315400044

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Debating Judicial Appointments in an Age of Diversity by Graham Gee,Erika Rackley Pdf

What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.

Author : Gabrielle Appleby,Andrew Lynch
Publisher : Cambridge University Press
Page : 341 pages
File Size : 49,7 Mb
Release : 2021-04-29
Category : Law
ISBN : 9781108494618

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The Judge, the Judiciary and the Court by Gabrielle Appleby,Andrew Lynch Pdf

Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.

Author : Edward A. Purcell Jr.
Publisher : Oxford University Press
Page : 459 pages
File Size : 54,6 Mb
Release : 1992-12-31
Category : Law
ISBN : 9780195360905

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Litigation and Inequality by Edward A. Purcell Jr. Pdf

Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 51,9 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.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Internet
Publisher : Unknown
Page : 0 pages
File Size : 43,6 Mb
Release : 2022
Category : Courts
ISBN : OCLC:1342117806

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The Importance of a Diverse Federal Judiciary by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Internet Pdf

Author : Katy Le Roy
Publisher : McGill-Queen's Press - MQUP
Page : 416 pages
File Size : 53,6 Mb
Release : 2006
Category : Law
ISBN : 9780773560147

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Legislative, Executive, and Judicial Governance in Federal Countries by Katy Le Roy Pdf

Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.

Author : Adam Dodek,Lorne Sossin
Publisher : Unknown
Page : 641 pages
File Size : 41,5 Mb
Release : 2010
Category : Law
ISBN : 1552211959

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Judicial Independence in Context by Adam Dodek,Lorne Sossin Pdf

Judicial Independence in Context is a collection of essays by leading scholars, lawyers, and judges that examines both the theory and practice of judicial independence in Canada and around the world. Contributors assess the legacy of the Supreme Court of Canada's controversial landmark decision in the Provincial Judges Reference while other essays address the need for institutional reform in Canada outside the salary remuneration setting in the areas of court administration and judicial appointments. The book also examines linkages between judicial independence and other issues such as diversity, social context education for judges, public criticism of judges, public policy, and technology. Other contributions examine issues of judicial independence in the United Kingdom, the United States, South Africa, Israel, and Pakistan.

Author : Jenna Bednar
Publisher : Cambridge University Press
Page : 245 pages
File Size : 45,7 Mb
Release : 2008-12-01
Category : Political Science
ISBN : 9781139474443

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The Robust Federation by Jenna Bednar Pdf

The Robust Federation offers a comprehensive approach to the study of federalism. Jenna Bednar demonstrates how complementary institutions maintain and adjust the distribution of authority between national and state governments. These authority boundaries matter - for defense, economic growth, and adequate political representation - and must be defended from opportunistic transgression. From Montesquieu to Madison, the legacy of early institutional analysis focuses attention on the value of competition between institutions, such as the policy moderation produced through separated powers. Bednar offers a reciprocal theory: in an effective constitutional system, institutions complement one another; each makes the others more powerful. Diverse but complementary safeguards - including the courts, political parties, and the people - cover different transgressions, punish to different extents, and fail under different circumstances. The analysis moves beyond equilibrium conceptions and explains how the rules that allocate authority are not fixed but shift gradually. Bednar's rich theoretical characterization of complementary institutions provides the first holistic account of federal robustness.