The Supreme Court Of Canada As An Instrument Of Political Change

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SUPREME COURT OF CANADA AS AN INSTRUMENT OF POLITICAL CHANGE.

Author : Royal Commission on the Economic Union and Development Prospects for Canada
Publisher : Unknown
Page : 211 pages
File Size : 46,7 Mb
Release : 1986
Category : Canada
ISBN : OCLC:1016218800

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SUPREME COURT OF CANADA AS AN INSTRUMENT OF POLITICAL CHANGE. by Royal Commission on the Economic Union and Development Prospects for Canada Pdf

Supreme Court of Canada as an Instrument of Political Change

Author : Royal Commission on the Economic Union and Development Prospects for Canada
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 1985
Category : Canada
ISBN : OCLC:13998559

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Supreme Court of Canada as an Instrument of Political Change by Royal Commission on the Economic Union and Development Prospects for Canada Pdf

Supreme Court of Canada as an Instrument of Political Change

Author : Royal Commission on the Economic Union and Development Prospects for Canada,A. Lajoie,I. Bernier
Publisher : Unknown
Page : 99 pages
File Size : 41,6 Mb
Release : 1982
Category : Electronic
ISBN : OCLC:612721383

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Supreme Court of Canada as an Instrument of Political Change by Royal Commission on the Economic Union and Development Prospects for Canada,A. Lajoie,I. Bernier Pdf

Governing from the Bench

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 45,5 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 Lawmakers

Author : John T. Saywell
Publisher : University of Toronto Press
Page : 486 pages
File Size : 40,7 Mb
Release : 2002-01-01
Category : History
ISBN : 080208656X

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The Lawmakers by John T. Saywell Pdf

Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.

Value Change in the Supreme Court of Canada

Author : Matthew E. Wetstein,Cynthia L. Ostberg
Publisher : Unknown
Page : 337 pages
File Size : 40,8 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."--

The Transformation of the Supreme Court of Canada

Author : Donald R. Songer
Publisher : University of Toronto Press
Page : 305 pages
File Size : 45,5 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.

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 : 47,9 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.

The Charter Revolution and the Court Party

Author : F.L. Morton,Rainer Knopff
Publisher : Peterborough, Ont. : Broadview Press
Page : 232 pages
File Size : 52,5 Mb
Release : 2000-04
Category : History
ISBN : UOM:39015049735155

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The Charter Revolution and the Court Party by F.L. Morton,Rainer Knopff Pdf

"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University

Charter versus Federalism

Author : Alan C. Cairns
Publisher : McGill-Queen's Press - MQUP
Page : 161 pages
File Size : 42,9 Mb
Release : 1992-02-18
Category : Political Science
ISBN : 9780773563278

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Charter versus Federalism by Alan C. Cairns Pdf

Responding to the increasing diversity of the Canadian population -- and to an increasing sensitivity to historical diversities -- the 1982 Constitution Act amended the British North America Act and introduced the Charter of Rights and Freedoms, giving new powers to heterogeneous groups within the Canadian polity. These changes disturbed the equilibrium of an older, federalist Canada whose constitutional concerns were limited to the relative powers of federal and provincial governments and to French-English ethnic/linguistic questions. Cairns underlines the significance of international influences on the development of Canada's constitution, in particular the adoption of the Charter, and examines the constitution's role in shaping Canadians' civic identities and community conceptions. He argues that the constitution is a powerful mobilizing instrument that shapes the people subject to its authority. Canada is now populated by what Cairns calls "Charter Canadians," who see themselves as rights-bearers and tend to look to the federal government as the effective focus of political community. During the Meech Lake affair, the demands of Charter Canadians and politicized aboriginal peoples clashed with Quebec's constitutional aspirations as well as older élite accommodation politics. In addition to the Charter, the 1982 Constitution Act contained a new amending formula that contradicted the Charter's message that the rights of individuals precede those of governments. This formula gave a collective of federal and provincial governments a formal monopoly on constitutional change and encouraged the belief, refuted by the Meech Lake experience, that they could amend the constitution in terms of their own self-interest and announce the results as a fait accompli. The clash between the Charter and the amending formula is constitutionally destabilizing, Cairns argues, because these two parts of the same constitution are based on different understandings of the fundamental purpose of the constitution and for whose benefit it exists. The Meech Lake fiasco, having brought Canada to the brink of disaster, clearly indicates that Canada's future constitutional health depends not only on the reconciliation of Quebec with the rest of Canada but -- respectful of the Charter's message -- on a simultaneous constitutional rapprochement between citizens and governments in the process of constitutional reform.

Attitudinal Decision Making in the Supreme Court of Canada

Author : C. L. Ostberg,Matthew E. Wetstein
Publisher : UBC Press
Page : 290 pages
File Size : 52,5 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.

Judicial Power and Canadian Democracy

Author : Paul Howe,Peter H. Russell
Publisher : McGill-Queen's Press - MQUP
Page : 352 pages
File Size : 44,5 Mb
Release : 2001-03-29
Category : Political Science
ISBN : 9780773568891

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Judicial Power and Canadian Democracy by Paul Howe,Peter H. Russell Pdf

The controversy raises challenging questions about the role of a powerful judiciary in a democracy. In Judicial Power and Canadian Democracy, a series of essays commissioned by the Institute for Research on Public Policy, some of Canada's foremost commentators - academics, politicians, and Supreme Court judges themselves - take up the debate. Some tangle over the pivotal question: should judges have the decisive say on issues involving entrenched rights that have profound implication for the policy preferences of elected bodies? Others examine related issues, including Supreme Court appointment procedures, interest group litigation, the historical roots of the notwithstanding clause, and the state of public opinion on Canada's courts. Those interested in the power of the judicial branch will find much in this collection to stimulate fresh thinking on issues that are likely to remain on the public agenda for years to come. Contributors include Joseph F. Fletcher (Toronto), Janet Hiebert (Queen's), Gregory Hein (Toronto), Peter W. Hogg (York), Paul Howe, Rainer Knopff (Calgary), Sébastien Lebel-Grenier (Sherbrooke), Howard Leeson (Regina), Kate Malleson (London School of Economics), E. Preston Manning (Reform Party of Canada), Hon. Beverley McLachlin (Supreme Court of Canada), F.L. Morton (Calgary), Pierre Patenaude (Sherbrooke), Peter Russell, Allison A. Thornton (Blake, Cassels and Graydon), Frederick Vaughan (emeritus, Guelph), Lorraine Eisenstat Weinrib (Toronto), Hon. Bertha Wilson (emeritus, Supreme Court of Canada), and Jacob Ziegel (Toronto).

The Changing Shape of Government in the Asia-Pacific Region

Author : John W. Langford,K. Lorne Brownsey
Publisher : IRPP
Page : 348 pages
File Size : 53,9 Mb
Release : 1988
Category : Political Science
ISBN : 0886450608

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The Changing Shape of Government in the Asia-Pacific Region by John W. Langford,K. Lorne Brownsey Pdf

The seminar for which the papers in this publication were prepared was the first in a series of workshops intended to link senior public policy researchers from around the Pacific Rim in order to open up channels of communication through which researchers from Asia Pacific nations can exchange views on problems and reforms in the area of governance and public sector management. Paper titles include: The Changing Shape of Government in the Asia-Pacific Region; Korean Politics in a Period of Transition; The Unfinished Political Reforms of the Hong Kong Government; Demi-democracy: Thai Politics and Government in Transition; Government and Governance in Multi-Racial Malaysia; Controlled Democracy, Political Stability and PAP Predominance: Government in Singapore; Entrenched "Strong Man" Rule: The Governmental System in Bangladesh; Australian National Government, 1987; Toward More Effective Government in the US; and, Some Issues of Governance in Canada.

Building the UK's New Supreme Court

Author : Andrew P. Le Sueur
Publisher : Oxford University Press, USA
Page : 388 pages
File Size : 50,6 Mb
Release : 2004
Category : Law
ISBN : 0199264627

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Building the UK's New Supreme Court by Andrew P. Le Sueur Pdf

In the context of the far-reaching reforms proposed for the Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council, "Building the UK's New Supreme Court" considers the operation and reform of courts at the apex of the UK's legal systems. The chapters are linked by broad and overlapoping themes. The first of these is the complexity of accommodating national differences within the UK into the institutional design of the new supreme court. Not only will it be a court for the UK's three legal systems, and simultaneously a national institution of the whole UK, but it is also likey to be called upon to resolve division of powers disputes within the emerging system of multi-level government. A second theme is the scope for comparative lesson-learning from top courts in other legal systems; the Supreme Court of Canada, the US federal courts system, and the constitutional courts in Germany and Spain are considered. Finally, the connections between the UK's top-level courts and other courts, especially intermediate courts of appeal, the European Court of Justice, and the European Court of human rights, are examined.

Courts and Federalism

Author : Gerald Baier
Publisher : UBC Press
Page : 226 pages
File Size : 52,7 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774841023

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Courts and Federalism by Gerald Baier Pdf

Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government.