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

Author:   Emmett Macfarlane
Publisher:   University of British Columbia Press
ISBN:  

9780774823500


Pages:   264
Publication Date:   05 December 2012
Format:   Hardback
Availability:   In Print   Availability explained
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Governing from the Bench: The Supreme Court of Canada and the Judicial Role


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Overview

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.

Full Product Details

Author:   Emmett Macfarlane
Publisher:   University of British Columbia Press
Imprint:   University of British Columbia Press
Weight:   0.520kg
ISBN:  

9780774823500


ISBN 10:   077482350
Pages:   264
Publication Date:   05 December 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

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

Reviews

Macfarlane has made an original foray into the intricacies of Supreme Court decision making. Governing from the Bench has gone to considerable lengths towards opening the Supreme Court's black box, and in doing so has brought historical institutionalism into the mainstream of the study of Canadian law and politics. I highly recommend it. -- Dave Snow, University of Calgary Canadian Journal of Political Science


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


Author Information

Emmett Macfarlane is an assistant professor in the Department of Political Science at the University of Waterloo.

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