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Attitudinal Decision Making in the Supreme Court of Canada

Attitudinal Decision Making in the Supreme Court of Canada
Author: C. L. Ostberg
Publisher: UBC Press
Total Pages: 290
Release: 2011-11-01
Genre: Law
ISBN: 0774841311

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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.


The Supreme Court and the Attitudinal Model Revisited

The Supreme Court and the Attitudinal Model Revisited
Author: Jeffrey A. Segal
Publisher: Cambridge University Press
Total Pages: 402
Release: 2002-09-16
Genre: Political Science
ISBN: 1139936492

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This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation of the attitudinal model as well as an authoritative critique of the legal and rational choice models. The book thoroughly reflects research done since the 1993 publication of its predecessor, as well as decisions and developments in the Supreme Court, including the momentous decision of Bush v. Gore.


Law, Ideology, and Collegiality

Law, Ideology, and Collegiality
Author: Donald R. Songer
Publisher: McGill-Queen's Press - MQUP
Total Pages: 237
Release: 2012
Genre: Law
ISBN: 077353928X

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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.


Attitudes Or Law?

Attitudes Or Law?
Author: Julia M. Tantas
Publisher:
Total Pages: 66
Release: 2004
Genre:
ISBN:

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The Supreme Court and the Attitudinal Model Revisited

The Supreme Court and the Attitudinal Model Revisited
Author: Jeffrey A. Segal
Publisher: Cambridge University Press
Total Pages: 484
Release: 2002-09-16
Genre: Law
ISBN: 9780521789714

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Two leading scholars of the Supreme Court explain and predict its decision making.


Governing from the Bench

Governing from the Bench
Author: Emmett Macfarlane
Publisher: UBC Press
Total Pages: 266
Release: 2013
Genre: History
ISBN: 077482350X

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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.


Value Change in the Supreme Court of Canada

Value Change in the Supreme Court of Canada
Author: Matthew E. Wetstein
Publisher:
Total Pages: 337
Release: 2017
Genre: Social values
ISBN: 9781487513078

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"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

The Transformation of the Supreme Court of Canada
Author: Donald R. Songer
Publisher: University of Toronto Press
Total Pages: 305
Release: 2008-12-27
Genre: Law
ISBN: 1442692243

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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.


The Supreme Court on Trial

The Supreme Court on Trial
Author: Kent Roach
Publisher:
Total Pages: 372
Release: 2001
Genre: Law
ISBN:

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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?