Repeat Litigators and Agenda Setting on the Supreme Court of Canada

2002 ◽  
Vol 35 (4) ◽  
pp. 811-833 ◽  
Author(s):  
Roy B. Flemming ◽  
Glen S. Krutz
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Statistical Models ◽  
Comparative Research ◽  
The United States ◽  
Supreme Court Of Canada ◽  
High Courts ◽  
The Supreme Court ◽  
Selection Of

The expanding public policy role of high courts heightens concerns over whether societal and political inequalities affect the outcomes of litigation. However, comparative research on this question is limited. This article assesses whether status inequalities between parties and differences in the experience and resources of attorneys influence the selection of cases for judicial review in the Supreme Court of Canada. A series of statistical models reveal that governments are more likely than other parties to influence whether leave is granted but that the experience and resources of lawyers, unlike in the United States, have little impact. The decentralized, low volume and high access features of the Canadian process may explain this finding.

The Supreme Court and National Policy Making

1976 ◽  
Vol 70 (1) ◽  
pp. 50-63 ◽  
Author(s):  
Jonathan D. Casper
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Political Institutions ◽  
Policy Making ◽  
National Policy ◽  
The United States ◽  
Relevant Evidence ◽  
The Supreme Court ◽  
American Legal System

The role of the Supreme Court of the United States in national policy making has long been a subject of debate among students of the American legal system and of democratic theory. Both the relative influence of the Court vis-à-vis other political institutions and the implications of judicial review for principles of majority rule and democracy have been central to this discussion. Perhaps the most influential account of the role of the Court offered in recent years is Robert A. Dahl's 1957 article, “Decision-Making in a Democracy: The Role of the Supreme Court in National Policy-Making.” Dahl argues that the Court, like other political institutions, is a member of the stable ruling coalitions that dominate American politics, and that its decisions are generally supportive of the policies emerging from other political institutions.Consideration of the way Dahl interprets his own evidence, of Court decisions since 1957, and of other relevant evidence that is excluded from his analysis (particularly the activities of the Court in statutory construction and in cases arising out of states and localities) suggests that the Court participates more significantly in national policy making than Dahl's argument admits.

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

scholarly journals The Non-Professional Judge as a Component of Civic Culture in Poland

2020 ◽  
Vol 65 (1) ◽  
pp. 121-132
Author(s):  
Dariusz Kużelewski
Keyword(s):  
Supreme Court ◽  
Justice System ◽  
Civic Culture ◽  
Gradual Reduction ◽  
The Supreme Court ◽  
Polish Law ◽  
Justice Of The Peace ◽  
Selection Of

Abstract The objective of the paper is to present the role of the non-professional judge in Poland as an important manifestation of civic culture based on citizens’ activity in the sphere of justice among other things. The paper also highlights the importance of an appropriate selection of citizens who are to adjudicate and possibly place restrictions on access to judicial functions using the example of Polish law. The last part addresses the problem of the gradual reduction of the participation of lay judges in the Polish justice system and the controversial attempts to halt this trend, such as the introduction of lay judges to the Supreme Court and the start of discussions on the introduction of the justice of the peace to common courts.

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