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Constraining the Court
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
Everyone's Democracy
While great strides have been made since the Founding years, the United States continues to suffer from a high degree of political inequality. Some citizens have a louder voice in their democracy than others. Both the malapportioned Senate and Electoral College overrepresent Americans in small states, while gerrymandered districts poorly convert votes into power in the House of Representatives. More than four million Americans living in Washington, D.C., and the territories lack representation in Congress, while citizens everywhere face unnecessary burdens to cast ballots. Biased media and questionable political funding render it difficult to hold elected officials accountable. This book explores these formidable problems and identifies the path to securing a fairer, more representative political system. Sourcing solutions directly from the Constitution, chapters outline the tools that could limit malapportionment, expand voting rights, control the influence of big donors and more. Achieving these reforms, however, requires an engaged citizenry that demands change from those in power.
The Conscientious Justice
Reveals how Supreme Court justices' personalities, particularly conscientiousness, influence the Law, the High Court, and the Constitution.
The Company They Keep
The Company They Keep advances a new way of thinking about Supreme Court decision-making. In so doing, it explains why today's Supreme Court is the first ever in which lines of ideological division are also partisan lines between justices appointed by Republican and Democratic presidents.
The Elevator Effect
Notes bibliogr., bibliogr. (p. [251]-271), index.
Research Handbook on Law and Courts
The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.
The Hollow Core of Constitutional Theory
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Research Handbook on Law and Political Systems
This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.
The Chief Justice
Scholars use the most advanced methods in judicial studies to examine the role of Chief Justice of the U.S. Supreme Court
The Oxford Handbook of U.S. Judicial Behavior
The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.
