Canadian Journal of Political Science · 1991 · 22 citations · 13 references
LawConstitutional LawPublic LawConstitutional TheoryJudicial PoliticsJudicial ReviewInstitutional Analysis Of CourtsJudicial BehaviorJudicial Decision-makingJudicial PolicymakingJudicial PowerJudicial SelectionConstitutional DivergenceCourts As Political InstitutionsDivergenceJudicial PanelsJudicial PreferencesSupreme Court Case AnalysisSupreme Court Decision-makingSupreme Court Organization
Abstract A traditional focus on the collective, institutional operation of the Supreme Court of Canada has obscured the practical impact on the Charter of Rights of the personal views held by the individual members of the Court. A study of all the Charter cases decided by the Supreme Court from 1983 to 1989 reveals a profound divergence of opinions within the Court. The differences are seen not only in each judge's overall support for Charter claims but also in the patterns of agreement between bilateral pairings of judges who have heard the same cases. The use of subsets of judges to sit on panels to hear Charter cases has meant that both the outcome of Charter cases and the content of our rights have depended to a large extent upon which judges happened to sit on the panels that heard the cases.
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The Critical Legal Studies Movement
Roberto Mangabeira Unger · Harvard Law Review · 1983 · 801 citations
The Nature of the Judicial Process
Learned Hand, Benjamin N. Cardozo · Harvard Law Review · 1922 · 447 citations