Governing from the Bench: The Supreme Court of Canada and the Judicial Role

by Emmett Macfarlane

Overview

In Governing from the Bench, Emmett Macfarlane demystifies the inner workings of the Supreme Court of Canada. Drawing on interviews with current and former justices, law clerks, and other staff members of the court, Macfarlane sheds 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’ behaviour; and situates the court in a broader governmental and societal context. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.

Product Details

ISBN-13:	9780774823517
Publisher:	University of British Columbia Press
Publication date:	07/01/2013
Series:	Law and Society
Edition description:	New Edition
Pages:	264
Product dimensions:	5.90(w) x 8.90(h) x 0.70(d)
Age Range:	18 Years

About the Author

Emmett Macfarlane is associate professor of political science at the University of Waterloo. He is the author of several books, including Constitutional Amendment in Canada and Constitutional Pariah.

Table of Contents

Introduction

1 Studying Judicial Behaviour

2 The Evolution of the Court and Its Justices

3 Setting the Stage: Exploring Court Processes Leading to Decisions

4 The Decision: Collegiality, Conflict, and Consensus

5 A Question of Competence: Examining Judicial Policy Making

6 The Court in Government and Society: Dialogue, Public Opinion, and the Media

Conclusion

Notes

Bibliography

Index

What People are Saying About This

Grant Huscroft

While the importance of the Supreme Court has grown considerably in the Charter era, far too little is known about it. Well written and highly readable, Governing from the Bench contributes significantly to our understanding of the court and its work.

Lawrence Baum

Providing fresh material— including interviews with justices and law clerks— within a role-based framework, Emmett Macfarlane paints a very clear picture of the Supreme Court as an institution.

From the Publisher

"While the importance of the Supreme Court has grown considerably in the Charter era, far too little is known about it. Well written and highly readable, Governing from the Bench contributes significantly to our understanding of the court and its work."—Grant Huscroft, Professor in the Faculty of Law at the University of Western Ontario

"Providing fresh material— including interviews with justices and law clerks— within a role-based framework, Emmett Macfarlane paints a very clear picture of the Supreme Court as an institution."—Lawrence Baum, Professor of Political Science at Ohio State University

Editorial Reviews

While the importance of the Supreme Court has grown considerably in the Charter era, far too little is known about it. Well written and highly readable, Governing from the Bench contributes significantly to our understanding of the court and its work.
- Grant Huscroft, Professor in the Faculty of Law at the University of Western Ontario

Providing fresh material — including interviews with justices and law clerks — within a role-based framework, Emmett Macfarlane paints a very clear picture of the Supreme Court as an institution. - Lawrence Baum, Professor of Political Science at Ohio State University

From the Publisher