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The Charter in the Supreme Court of Canada: The Importance of Which Judges Hear an Appeal

22 citations0/0 files storedCanadian Journal of Political Science

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Judicial and Constitutional Studies Comparative constitutional jurisprudence studies European and International Law Studies

Abstract

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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References

1983The Critical Legal Studies Movement 1989Ideological Values and the Votes of U.S. Supreme Court Justices 2005Supreme Court Decision Making 1922The Nature of the Judicial Process 1981Personal Attribute Models of the Voting Behavior of U.S. Supreme Court Justices: Liberalism in Civil Liberties and Economics Decisions, 1946–1978 1990Neo-Institutionalism and Dissent in State Supreme Courts 1966The Judicial Mind: Attitudes and Ideologies of Supreme Court Justices, 1946-1963.1989Decision Making in the Canadian Supreme Court: Extending the Personal Attributes Model Across Nations

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2011Judge Gender, Critical Mass, and Decision Making in the Appellate Courts of Canada 2011Explaining Dissent on the Supreme Court of Canada 2015Panel selection on high courts 2014The Politics of Judicial Retirement in Canada and the United Kingdom

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