Law, Ideology, and Collegiality: Judicial Behaviour in the Supreme Court of Canada

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McGill-Queen's Press - MQUP, Apr 11, 2012 - Law - 223 pages
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The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perceived ideological tendencies to provide a critical examination of the ideological roots of judicial decision making, uncovering the complexity of contemporary judicial behaviour. Examining judicial behaviour through the lens of three different research strategies grounded in qualitative and quantitative methodologies, Law, Ideology, and Collegiality presents compelling evidence that political ideology is a key factor in decision making and a prominent source of conflict in the Supreme Court of Canada.
 

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Contents

1 Introduction
3
2 The Supreme Courts Evolving Role
15
3 Theories of Supreme Courts Decision Making
40
4 The Process of Decision Making
71
5 The Dimensionality of Voting
94
6 Measuring Ideology and Justices Votes
120
7 The Sociopolitical Bases of Attitudinal Voting
135
8 The Attitudinal Model and the Puzzle of Unanimity
153
Attitudinal Decision Making and the Supreme Court
165
Appendices
177
Notes
187
Bibliography
195
Index
213
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About the author (2012)

Donald R. Songer, professor of political science at the University of South Carolina, is the author of The Transformation of the Supreme Court of Canada: An Empirical Examination and Continuity and Change on the United States Courts of Appeals. Susan W. Johnson is assistant professor of political science, University of North Carolina at Greensboro. C. L. Ostberg is professor of political science, director of the Legal Scholars Program, University of the Pacific, Stockton, California, and co-author of Attitudinal Decision Making in the Supreme Court of Canada. Matthew E. Wetstein is dean of Planning, Research and Institutional Effectiveness, San Joaquin Delta College, Stockton, California, and co-author of Attitudinal Decision Making in the Supreme Court of Canada.

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