Values In The Supreme Court

Author : Rachel Cahill-O'Callaghan
Publisher : Bloomsbury Publishing
Page : 192 pages
File Size : 42,7 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781509921874

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Values in the Supreme Court by Rachel Cahill-O'Callaghan Pdf

This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.

Author : Rachel J. Cahill-O'Callaghan
Publisher : Hart Publishing
Page : 128 pages
File Size : 45,7 Mb
Release : 2020
Category : Judicial process
ISBN : 1509921885

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Values in the Supreme Court by Rachel J. Cahill-O'Callaghan Pdf

"This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--Provided by publisher.

Author : Matthew E. Wetstein,Cynthia L. Ostberg
Publisher : Unknown
Page : 337 pages
File Size : 41,7 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 : Matthew E. Wetstein,C.L. Ostberg
Publisher : University of Toronto Press
Page : 354 pages
File Size : 48,9 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.

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 50,7 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 : Trevor C.W. Farrow,Lesley A. Jacobs
Publisher : UBC Press
Page : 369 pages
File Size : 54,6 Mb
Release : 2020-09-01
Category : Law
ISBN : 9780774863605

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The Justice Crisis by Trevor C.W. Farrow,Lesley A. Jacobs Pdf

Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

Author : Erwin Chemerinsky
Publisher : Penguin Books
Page : 402 pages
File Size : 41,8 Mb
Release : 2015-09-29
Category : History
ISBN : 9780143128007

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The Case Against the Supreme Court by Erwin Chemerinsky Pdf

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 42,7 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 : Schultz, David
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 41,9 Mb
Release : 2022-03-15
Category : Law
ISBN : 9781839103131

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Constitutional Precedent in US Supreme Court Reasoning by Schultz, David Pdf

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.

Author : Lawrence Baum
Publisher : Princeton University Press
Page : 283 pages
File Size : 49,9 Mb
Release : 2017-05-16
Category : Political Science
ISBN : 9780691175522

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Ideology in the Supreme Court by Lawrence Baum Pdf

Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.

Author : Ian Bushnell
Publisher : McGill-Queen's Press - MQUP
Page : 619 pages
File Size : 46,7 Mb
Release : 1992-10-08
Category : History
ISBN : 9780773563018

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Captive Court by Ian Bushnell Pdf

Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought that makes the Court "captive" to inherited traditions and legal doctrines and prevents it from achieving its true potential within the Canadian legal system. Previous studies of the Court have concentrated on the years after 1949; by expanding the coverage to include the first three-quarters of a century of the Court's existence, Bushnell has uncovered a critical aspect of Canadian legal history. Bushnell provides an analysis of more than eighty cases decided by the Court between 1876 and 1989. He examines the backgrounds and views of the sixty-seven judges who served on the Supreme Court during this period, evaluating both the role they felt they played in Canadian society and the role others expected them to play. He studies the question of the right of appeal to the Judicial Committee of the Privy Council and its effect on the Supreme Court, as well as the movement toward the abolition of appeal. In the concluding part of the study Bushnell considers the controversy over the demand for impartial justice, criticism of the judiciary, and the judges who will take the Court into the twenty-first century.

Author : David W. Rohde,Harold J. Spaeth
Publisher : W.H. Freeman
Page : 229 pages
File Size : 50,6 Mb
Release : 1976-01
Category : Appellate courts
ISBN : 0716707179

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Supreme Court Decision Making by David W. Rohde,Harold J. Spaeth Pdf

Author : Nadia Verrelli
Publisher : McGill-Queen's Press - MQUP
Page : 309 pages
File Size : 43,8 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).

Author : Kent Roach
Publisher : Unknown
Page : 372 pages
File Size : 51,6 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 : C. B. Shotwell
Publisher : Xlibris
Page : 0 pages
File Size : 55,6 Mb
Release : 2006
Category : Law
ISBN : 1425713521

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When Labels Fail by C. B. Shotwell Pdf

"How the justices have defied political categorization and continue to do so."--Jacket.