Attitudinal Decision Making In The Supreme Court Of Canada
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Attitudinal Decision Making In The Supreme Court Of Canada
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Author : C. L. Ostberg
language : en
Publisher: UBC Press
Release Date : 2011-11-01
Attitudinal Decision Making In The Supreme Court Of Canada written by C. L. Ostberg and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with Law categories.
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.
Law Ideology And Collegiality
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Author : Donald R. Songer
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2012
Law Ideology And Collegiality written by Donald R. Songer and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
The Supreme Court And The Attitudinal Model Revisited
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Author : Jeffrey A. Segal
language : en
Publisher: Cambridge University Press
Release Date : 2002-09-16
The Supreme Court And The Attitudinal Model Revisited written by Jeffrey A. Segal and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-16 with Law categories.
Two leading scholars of the Supreme Court explain and predict its decision making.
The Supreme Court And The Attitudinal Model
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Author : Jeffrey Allan Segal
language : en
Publisher:
Release Date : 1993
The Supreme Court And The Attitudinal Model written by Jeffrey Allan Segal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Constitutional Law categories.
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.
Decision Making By The Modern Supreme Court
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Author : Richard L. Pacelle
language : en
Publisher:
Release Date : 2011
Decision Making By The Modern Supreme Court written by Richard L. Pacelle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Electronic books categories.
"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"--
Value Change In The Supreme Court Of Canada
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Author : Matthew E. Wetstein
language : en
Publisher: University of Toronto Press
Release Date : 2017-01-01
Value Change In The Supreme Court Of Canada written by Matthew E. Wetstein and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-01 with Law categories.
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.
Governing From The Bench
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Author : Emmett Macfarlane
language : en
Publisher: UBC Press
Release Date : 2013
Governing From The Bench written by Emmett Macfarlane and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with History categories.
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.
Supreme Court Decision Making
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Author : Cornell W. Clayton
language : en
Publisher: University of Chicago Press
Release Date : 1999
Supreme Court Decision Making written by Cornell W. Clayton and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
Final Appeal
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Author : Ian Greene
language : en
Publisher: James Lorimer & Company
Release Date : 1998
Final Appeal written by Ian Greene and has been published by James Lorimer & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
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.
Judging On A Collegial Court
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Author : Virginia A. Hettinger
language : en
Publisher: University of Virginia Press
Release Date : 2006
Judging On A Collegial Court written by Virginia A. Hettinger and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.