Law, Politics and the Judicial Process in Canada / Edition 3

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Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. The revised and updated third edition features new introductions and new readings that deal with current issues in the realm of Canadian law and politics.

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Product Details

  • ISBN-13: 9781552380468
  • Publisher: University of Calgary Press
  • Publication date: 8/30/2002
  • Edition description: 3RD
  • Edition number: 3
  • Pages: 671
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.70 (d)

Meet the Author

F. L. (Ted) Morton is an associate professor in the Department of Political Science at the University of Calgary.

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Table of Contents

1 The Rule of Law in the Canadian Constitution 1
1.1 Roncarelli v. Duplessis 7
1.2 Of the Extent of the Legislative Power 12
1.3 The Declaration of Independence 14
1.4 The Rule of Law 15
1.5 The Independence of the Judiciary 18
1.6 Key Terms 19
2 Political Jurisprudence 21
2.1 Two Models of Judicial Decision-Making 27
2.2 Will Women Judges Really Make a Difference? 34
2.3 Harrison v. Carswell 34
2.4 Re Constitution of Canada 1981: The Patriation Reference 37
2.5 Key Terms 45
3 The Canadian Judicial System 47
3.1 The Role and Functions of Final Appellate Courts: The Supreme Court of Canada 53
3.2 Constitution Act, 1867, ss. 96-101 63
3.3 The Canadian Judicial System 64
3.4 The Criminal and Civil Court Processes 67
3.5 Key Terms 68
4 Judicial Recruitment and Selection 69
4.1 Patronage in Judicial Appointments 84
4.2 Mulroney's Judicial Appointments and the New Judicial Advisory Committees 88
4.3 Will Women Judges Really Make a Difference? 92
4.4 A "Gender Patronage" for Judges? 97
4.5 Judicial Appointments in Great Britain 99
4.6 Judicial Appointments in the United States: The Judge Bork Affair 106
4.7 Debate: Should There be Confirmation Hearings for Supreme Court Judges? 117
Affirmative 117
Negative 120
4.8 Key Terms 122
5 Judicial Independence, Ethics, and Discipline 123
5.1 The Independence of the Judidary 131
5.2 Hickman v. MacKeigan 137
5.3 The Berger Affair 147
5.4 The Meaning and Scope of Judidal Independence 154
5.5 Report to the Canadian Judicial Council re the Conduct of Judges Involved in the Donald Marshall Prosecution 159
5.6 Administrative Independence: Concerns of the Canadian Judiciary 163
5.7 Are Canadian Judges Independent Enough? 167
5.8 Key Terms 175
6 Access to Judicial Power 177
6.1 Constitutional References 185
6.2 Minister of Justice of Canada v. Borowski 194
6.3 Borowski v. Attorny-General of Canada 200
6.4 Operation Dismantle v. The Queen 209
6.5 Interventions and the Public Interest 218
6.6 Intervenors and the Charter 224
6.7 Key Terms 227
7 Interest Groups and Litigation 229
7.1 Equality Rights and Legal Action 234
7.2 The Women's Legal Education and Action Fund 242
7.3 The Court Challenges Program 251
7.4 Operation Dismantle v. The Queen 255
7.5 The NCC Challenges the Canada Elections Act 255
7.6 Class Actions as a Regulatory Instrument 261
7.7 Debate: Should Access to Class Actions be Expanded? 267
Affirmative 267
Negative 270
7.8 Key Terms 274
8 Fact Finding in the Courts 275
8.1 Fact Finding in Adjudication 282
8.2 The Anti-Inflation Case: The Anatomy of a Constitutional Decision 286
8.3 The Institutional Capacity of the Court 287
8.4 Social Facts, Court Delay and the Charter 290
8.5 Key Terms 300
9 Precedents, Statutes, and Legal Reasoning 301
9.1 Stare Decisis: The Use of Precedents 306
9.2 The Duty of a Court 309
9.3 Architect of the Common Law 309
9.4 Boucher v. the King 316
9.5 Regina v. Qjibway 320
9.6 Policy-Making by Exegesis: The Abolition of "Mandatory Retirement" in Manitoba 322
9.7 Key Terms 337
10 Judicial Review and Federalism 339
10.1 The Origins of Judicial Review in Canada 348
10.2 The "Living Tree" Approach to Interpreting the BNA Act 358
10.3 The "Watertight Compartments" Approach to Interpreting the BNA Act 358
10.4 The Anti-Inflation Case: The Anatomy of a Constitutional Decision 359
10.5 Does Federalism Review Matter? 384
10.6 Re Constitution of Canada 1981: The Patriation Reference 394
10.7 Key Terms 394
11 Judicial Review and Civil Liberties 395
11.1 Of the Extent of the Legislative Power 406
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