Law, politics and the judicial process in Canada

Law, politics and the judicial process in Canada

Law of America > Law of Canada > Federal law. Common and collective provincial law Individual provinces and territories > Constitutional law > Organs of the government > The Judiciary. Judicial power

Edition Details

• Creator or Attribution (Responsibility): F. L. Morton
• Language: English
• Jurisdiction(s): Alberta
• Publication Information: Calgary : University of Calgary Press, ©1992
• Type: Book
• Permalink: https://books.lawi.ca/law-politics-and-the-judicial-process-in-canada-53683/ (Stable identifier)

Additional Format

Online version: Law, politics and the judicial process in Canada. Calgary: University of Calgary Press, ©1992 (OCoLC)764532824

Short Description

X, 502 pages ; 23 cm

Purpose and Intended Audience

Useful for students learning an area of law, Law, politics and the judicial process in Canada is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

• Providing references to further research sources: Search

More Options

• Find it at other libraries via WorldCat/OCLC
• Find Law, politics and the judicial process in Canada in Google Books
• Find Law, politics and the judicial process in Canada in Open Library

Bibliographic information

• Responsable Person: edited by F.L. Morton.
• Publication Date: 1992
• Copyright Date: 1992
• Location: Calgary
• Country/State: Alberta
• Number of Editions: 41 editions
• First edition Date: 1984
• Last edition Date: 2002
• Languages: English, Spanish
• Library of Congress Code: KE4775
• Dewey Code: 347.71012
• ISBN: 0919813836 9780919813830
• OCLC: 25870087

Main Contents

Preface
1. The rule of law in the Canadian Constitution
1.1 Roncarelli v. Duplessis
1.2 Of the extent of the legislative power / John Locke
1.3 The Declaration of Independence / Thomas Jefferson
1.4 The rule of law / A.V. Dicey
1.5 The independence of the judiciary* / W.R. Lederman
1.6 Key terms
2. Political jurisprudence
2.1 Two models of judicial decision-making / Paul Weiler
2.2 Will women judges really make a difference?*/ Bertha Wilson
2.3 Harrison v. Carswell
2.4 Re Constitution of Canada 1981: the patriation reference / Michael Mandel
2.5 Key terms
3. The Canadian judicial system
3.1 The role and functions of final appellate courts: the Supreme Court of Canada / Bora Laskin
3.2 Consitution Act, 1867, ss. 96-101
3.3 The Canadian judicial system
3.4 The criminal and civil court processes
3.5 Key terms
4. Judicial recruitment and selection
4.1 Patronage in judicial appointments / Jeffrey Simpson
4.2 Mulroney's judicial appointments and the new judicial advisory committees / Peter H. Russell and Jacob S. Ziegal
4.3 Will women judges really make a difference? / Bertha Wilson
4.4 A “gender patronage” or judges? / Rob Martin
4.5 Judicial appointments in Great Britain / Sir Robert Megarry
4.6 Judicial appointments in the United States: the Judge Bork affair / F.L. Morton
4.7 Debate: should there be confirmation hearings for Supreme Court Judges?
Affirmative: F.L. Morton
Negative : Ian Hunter
4.8 Key terms
5. Judicial independence, ethics, and discipline
5.1 The independence of the judiciary / W.R. Lederman
5.2 Hickman v. MacKeigan
5.3 The Berger affair
5.4 The meaning and scope of judicial independence / Bora Laskin
5.5 Report to the Canadian Judicial Council re the conduct of judges involved in the Donald Marshall prosecution
5.6 Administrative independence: concerns of the Canadian judiciary / Jules Deschenes and Carl Baar
5.7 Are Canadian judges independent enough? / Ian Greene
5.8 Key terms
6. Access to judicial power
6.1 Constitutional references / Barry Strayer
6.2 Minister of Justice of Canada v. Borowski
6.3 Borowski v. Attorney General of Canada
6.4 Operation dismantle v. the Queen
6.5 Interventions and the public interest / A. Alan Borovoy
6.6 Intervenors and the Charter / Ian Brodie
6.7 Key terms
7. Interest groups and litigation
7.1 Equality rights and legal action / M. Atcheson, M. Eberts, and B. Symes
7.2 The women's legal education and action fund / Sherene Razack
7.3 The court challenges program / Ian Brodie
7.4 Operation dismantle v. the Queen*
7.5 The NCC challenges the Canada Elections Act / Janet Hiebert
7.6 Class actions as a regulatory instrument / D.N. Dewees, J.R.S. Prichard, and M.J. Trebilcock
7.7 Debate: should access to class actions be expanded?
Affirmative: Allan C. Hutchinson and Kent Roach
Negative: William Macdonald and William Rowley
7.8 Key terms
8. Fact finding in the courts
8.1 Fact finding in adjudication / Donald C. Horowitz
8.2 The Anti-Inflation case: the anatomy of a constitutional decision* / Peter Russell
8.3 The institutional capacity of the court / Bertha Wilson
8.4 Social facts, court delay and the Charter / Carl Baar
8.5 Key terms. 9. Precedents, statutes, and legal reasoning
9.1 Stare decisis: the use of precents / G. Gordon Post
9.2 The duty of a court / A.V. Dicey
9.3 Architect of the common law / Paul Weiler
9.4 Boucher v. the King
9.5 Regina v. Ojibway
9.6 Policy-making by exegesis: the abolition of “mandatory retirement” in Manitoba / Thomas Flanagan
9.7 Key terms
10. Judicial review and federalism
10.1 The origins of judicial review in Canada / Jennifer Smith
10. 2 The “living tree” approach to interpreting the BNA Act / Lord Sankey
10.3 The “watertight compartments” approach to interpreting the BNA Act / Lord Atkin
10.4 The Anti-Inflation case: the anatomy of a constitutional decision / Peter Russell
10.5 Does federalism review matter? / Patrick Monahan
10.6 Re Constitution of Canada 1981: thepatriation reference* / Michael Mandel
10.7 Key terms
11. Judicial review and civil liberties
11.1 Of the extent of the legislative power* / John Locke
11.2 The rule of law* / A.V. Dicey
11.3 Roncarilli v. Duplessis*
11.4 Boucher v. The King*
11.5 The Supreme Court's first one hundred Chater of Rights decisions, 1982-1989 / F.L. Morton, Peter H. Russell, and Michael J. Withey
11.6 The Charter and good government / A. Kim Campbell
11.7 Charter Worshippers' Society / John young
11.8 Key Terms
12. Judicial decision-making
12.1 Decision-making in the Supreme Court of Canada / Bertha Wilson
12.2 Opinion-writing in the U.S. Supreme Court / F.L. Morton
12.3 Judging the judges: consensus and dissent in the Supreme Court's Charter decisions / F.L. Morton, Peter H. Russell, and Michael J. Withey
12.4 Key terms
13. Reconciling judicial review and constitutional democracy
13.1 Courts, legislatures, and the protection of human rights / Donald Smiley
13.2 The democratic character of the Charter of Rights / Brian Dickson
13.3 On not standing for notwithstanding / John D. Whyte
13.4 Standing up for notwithstanding / Peter H. Russell
Appendix :
1. Constitution Act, 1867, ss.91-92
2. Canadian Bill of Rights, 1960
3. Canadian Charter of Rights and Freedoms, 1982
Index
* Reprinted elsewhere in the book.

Structured Subjects (Headings):

• Canada
• Constitutional law
• Courts
• Judicial power
• Judicial process
• Political aspects
• Political questions and judicial power

Unstructured Subjects (Headings):

• Canada
• Courts
• Judicial process
• Political questions and judicial power

Law is our Passion

This entry about Law, politics and the judicial process in Canada has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Law, politics and the judicial process in Canada entry and the Encyclopedia of Law are in each case credited as the source of the Law, politics and the judicial process in Canada entry. Please note this CC BY licence applies to some textual content of Law, politics and the judicial process in Canada, and that some images and other textual or non-textual elements may be covered by special copyright arrangements. For guidance on citing Law, politics and the judicial process in Canada (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry".

• APA
• MLA
• MLA 7
• CHICAGO
• OSCOLA

Usage Metrics

27 Views

Google Scholar: Search for Law, politics and the judicial process in Canada Related Content

 

Schema Summary

This entry was last updated: April 3, 2016