Article2002

Attitudinal Dimensions of Supreme Court Decision Making in Canada: The Lamer Court, 1991-1995

C.L. Ostberg · Matthew E. Wetstein · Craig R. Ducat

29 citations0/0 files storedPolitical Research Quarterly

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Judicial and Constitutional Studies American Constitutional Law and Politics Comparative constitutional jurisprudence studies

Abstract

This article assesses whether the same attitudinal dimension that dominates judicial decision-making in the United States-liberalism/conservatism-is also prominent in the Canadian context. Specifically, the study examines the voting behavior of Canadian Supreme Court Justices in non-unanimous post-Charter cases decided during the first five terms of the Lamer Court (1991-95). After employing factor analysis, which disclosed three principal dimensions underlying the voting behavior of the justices, we closely examined the cases scoring most positively and most negatively on each of the factors. The principal dimensions underlying the Charter rulings suggest three prominent attitudinal conflicts dominate this Court period: communitarianism versus libertarianism, fair trial and criminal due process disputes, and judicial activism versus judicial self-restraint. These dimensions corroborate the findings of studies that have tracked the development of the Canadian Court in postCharter years.

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References

1983In a Different Voice: Psychological Theory and Women's Development.1996The Global expansion of judicial power 1993The Supreme Court and the Attitudinal Model 1897The Path of the Law 1997The choices justices make 2001Rights Talk: The Impoverishment of Political Discourse 1992Rights Talk: The Impoverishment of Political Discourse.1966The Founding of New Societies

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2007Collegial Influence and Judicial Voting Change: The Effect of Membership Change on U.S. Supreme Court Justices 2011Judge Gender, Critical Mass, and Decision Making in the Appellate Courts of Canada 2011Explaining Changes to Rights Litigation: Testing a Multivariate Model in a Comparative Framework 2005Strategic Leadership and Political Change on the Canadian Supreme Court: Analyzing the Transition to Chief Justice 2009Judge Gender and the Voting Behavior of Justices on Two North American Supreme Courts 2009The Unanimous Decisions of the Supreme Court of Canada as a Test of the Attitudinal Model

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