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Supreme Court Of Canada Decision Making
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Book Synopsis Attitudinal Decision Making in the Supreme Court of Canada by : C. L. Ostberg
Download or read book Attitudinal Decision Making in the Supreme Court of Canada written by C. L. Ostberg and published by UBC Press. This book was released on 2011-11-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Randall P. H. Balcome Publisher :Thomson Professional Pub Canada ISBN 13 :9780459342838 Total Pages :413 pages Book Rating :4.3/5 (428 download)
Book Synopsis Supreme Court of Canada Decision-making by : Randall P. H. Balcome
Download or read book Supreme Court of Canada Decision-making written by Randall P. H. Balcome and published by Thomson Professional Pub Canada. This book was released on 1990 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Governing from the Bench by : Emmett Macfarlane
Download or read book Governing from the Bench written by Emmett Macfarlane and published by UBC Press. This book was released on 2013 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Final Appeal written by Ian Greene and published by James Lorimer & Company. This book was released on 1998 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Commitment and Cooperation on High Courts by : Benjamin Alarie
Download or read book Commitment and Cooperation on High Courts written by Benjamin Alarie and published by Oxford University Press. This book was released on 2017-07-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law, Ideology, and Collegiality by : Donald R. Songer
Download or read book Law, Ideology, and Collegiality written by Donald R. Songer and published by McGill-Queen's Press - MQUP. This book was released on 2012 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Decision Making by the Modern Supreme Court by : Richard L. Pacelle, Jr
Download or read book Decision Making by the Modern Supreme Court written by Richard L. Pacelle, Jr and published by Cambridge University Press. This book was released on 2011-06-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis An Introduction to Supreme Court Decision Making by : Harold J. Spaeth
Download or read book An Introduction to Supreme Court Decision Making written by Harold J. Spaeth and published by Chandler Press. This book was released on 1972 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Value Change in the Supreme Court of Canada by : Matthew E. Wetstein
Download or read book Value Change in the Supreme Court of Canada written by Matthew E. Wetstein and published by . This book was released on 2017 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--
Download or read book Law and Legality written by John Claydon and published by . This book was released on 1980 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Final Appeal written by Ian"" ""Greene and published by . This book was released on 1998 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Good Judgement by : Robert J. Sharpe
Download or read book Good Judgement written by Robert J. Sharpe and published by University of Toronto Press. This book was released on 2018-01-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Book Synopsis The Democratic Dilemma by : Nadia Verrelli
Download or read book The Democratic Dilemma written by Nadia Verrelli and published by McGill-Queen's Press - MQUP. This book was released on 2013 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis Judicial Decision-Making in a Globalised World by : Elaine Mak
Download or read book Judicial Decision-Making in a Globalised World written by Elaine Mak and published by A&C Black. This book was released on 2014-07-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.
Book Synopsis Value Change in the Supreme Court of Canada by : Matthew E. Wetstein
Download or read book Value Change in the Supreme Court of Canada written by Matthew E. Wetstein and published by University of Toronto Press. This book was released on 2017-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Supreme Court and the Attitudinal Model by : Jeffrey Allan Segal
Download or read book The Supreme Court and the Attitudinal Model written by Jeffrey Allan Segal and published by . This book was released on 1993 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Ethical Principles for Judges by : Canadian Judicial Council
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
