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The democratic dilemma : reforming Canada's Supreme Court / edited by Nadia Verrelli.

Contributor(s): Material type: TextTextLanguage: English, French Summary language: French Series: Queen's policy studiesPublisher: Montr�eal & Kingston : Intergovernmental Relations, School of Policy Studies, Queen's University, McGill-Queen's University Press, [2013]Copyright date: �2013Description: 1 online resource (xiii, 291 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781553394518
  • 1553394518
Subject(s): Genre/Form: Additional physical formats: Print version:: Democratic dilemma.DDC classification:
  • 347.71/035 23
LOC classification:
  • KE8244 .D46 2013eb
Other classification:
  • cci1icc
  • coll13
  • cci1icc.
  • coll13.
Online resources:
Contents:
Appointment of Thomas A. Cromwell to the Supreme Court of Canada / Peter W. Hogg -- Should Canada have a representative Supreme Court? / Lorne Sossin -- Should Supreme Court judges be required to be bilingual? / S�ebastien Grammond and Mark Power -- Respecting legal pluralism in Canada : Indigenous Bar Association appeals to Harper government to appoint an aboriginal justice to the Supreme Court of Canada / Indigenous Bar Association -- Indigenous Bar Association urges Prime Minister Harper to remove barriers to judicial appointments for indigenous judges / Indigenous Bar Association -- Intergovernmental relations and the Supreme Court of Canada : the changing place of the provinces in judicial selection reform / Erin Crandall -- The jurisprudence of "Canada's fundamental values" and appointment to the Supreme Court of Canada / F.C. DeCoste -- Supreme Court appointments : by Parliament, not PM, and shorter / Tom Kent -- Looking for the good judge : merit and ideology / Allan C. Hutchinson -- Reforming the SCC : rethinking legitimacy and the appointment process / Nadia Verrelli -- The legitimacy of constitutional arbitration in a multinational federative system : the case of the Supreme Court of Canada / Eug�enie Brouillet and Yves Tanguay -- R�eformer le processus de nomination des juges de la Cour supr�eme? / Andr�ee Lajoie -- Reform of the Supreme Court of Canada from within : to what extent should the Court weigh in regarding constitutional conventions? / Peter C. Oliver -- Reforming the Supreme Court : the one-court problem and the two-court solution / Peter McCormick -- The United Kingdom's new Supreme Court / Alan Trench -- Choosing the deciders : the Supreme Court nomination and confirmation process in the United States / Aman L. McLeod -- The Federal Constitutional Court of Germany : a central player in the federal state / Arthur Benz and Eike-Christian Hornig -- Constitutional Court appointment : the South African process / Yonatan T. Fessha -- The Court of Justice of the European Union : federalizing actor in a multilevel system / Achim Hurrelmann and Martin Manolov -- Judging Europe : drawing lessons from the European Court of Human Rights / Neil Cruickshank -- Contributions to a coherent and consistent judges' appointment process of a constitutional court : the case of the Supreme Court of Argentina / Jorge O. Bercholc -- The Supreme Court of Canada : a chronology of change / Jonathan Aiello.
Summary: The process used to select judges of the Supreme Court of Canada has provoked criticism from the start. Some observers argue the process - where the prime minister has unfettered discretion - suffers from a democratic deficit, but there is also disagreement regarding alternative methods of selection. This book explores the institutional features of the Court, whether the existing process used to select judges ought to be reformed, the overall legitimacy of the Court, as well as the selection and appointment processes of Supreme Court justices in other liberal democracies.
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Includes bibliographical references.

Text in English. Abstracts and some notes on contributors in French.

Appointment of Thomas A. Cromwell to the Supreme Court of Canada / Peter W. Hogg -- Should Canada have a representative Supreme Court? / Lorne Sossin -- Should Supreme Court judges be required to be bilingual? / S�ebastien Grammond and Mark Power -- Respecting legal pluralism in Canada : Indigenous Bar Association appeals to Harper government to appoint an aboriginal justice to the Supreme Court of Canada / Indigenous Bar Association -- Indigenous Bar Association urges Prime Minister Harper to remove barriers to judicial appointments for indigenous judges / Indigenous Bar Association -- Intergovernmental relations and the Supreme Court of Canada : the changing place of the provinces in judicial selection reform / Erin Crandall -- The jurisprudence of "Canada's fundamental values" and appointment to the Supreme Court of Canada / F.C. DeCoste -- Supreme Court appointments : by Parliament, not PM, and shorter / Tom Kent -- Looking for the good judge : merit and ideology / Allan C. Hutchinson -- Reforming the SCC : rethinking legitimacy and the appointment process / Nadia Verrelli -- The legitimacy of constitutional arbitration in a multinational federative system : the case of the Supreme Court of Canada / Eug�enie Brouillet and Yves Tanguay -- R�eformer le processus de nomination des juges de la Cour supr�eme? / Andr�ee Lajoie -- Reform of the Supreme Court of Canada from within : to what extent should the Court weigh in regarding constitutional conventions? / Peter C. Oliver -- Reforming the Supreme Court : the one-court problem and the two-court solution / Peter McCormick -- The United Kingdom's new Supreme Court / Alan Trench -- Choosing the deciders : the Supreme Court nomination and confirmation process in the United States / Aman L. McLeod -- The Federal Constitutional Court of Germany : a central player in the federal state / Arthur Benz and Eike-Christian Hornig -- Constitutional Court appointment : the South African process / Yonatan T. Fessha -- The Court of Justice of the European Union : federalizing actor in a multilevel system / Achim Hurrelmann and Martin Manolov -- Judging Europe : drawing lessons from the European Court of Human Rights / Neil Cruickshank -- Contributions to a coherent and consistent judges' appointment process of a constitutional court : the case of the Supreme Court of Argentina / Jorge O. Bercholc -- The Supreme Court of Canada : a chronology of change / Jonathan Aiello.

The process used to select judges of the Supreme Court of Canada has provoked criticism from the start. Some observers argue the process - where the prime minister has unfettered discretion - suffers from a democratic deficit, but there is also disagreement regarding alternative methods of selection. This book explores the institutional features of the Court, whether the existing process used to select judges ought to be reformed, the overall legitimacy of the Court, as well as the selection and appointment processes of Supreme Court justices in other liberal democracies.

Print version record.

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