Full Description
Despite the Supreme Court of Canada's crucial role in the country's legal system, many Canadians are in the dark about the inner workings of this institution. In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, former law clerks, and other staff members of the court to shed light on the institution's internal environment and decision-making processes. Challenging dominant theoretical and methodological approaches that fail to examine individual or structural forces that affect the court's decisions, 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 its wider 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.
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
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