Bulletin n. 2-3/2013
February 2014
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Vuk Radmilovic
    Governmental Interventions and Judicial Decision Making: The Supreme Court of Canada in the Age of the Charter
    in Canadian Journal of Political Science--Revue canadienne de science politique , Volume 46 - Issue 02 ,  2013 ,  323-344
    While comparative public law scholars report that we are witnessing a “global expansion of judicial power” (Tate and Vallinder, 1995), much of the comparative research also suggests that judicial power is subject to significant external constraints, including those associated with interests of governmental actors (such as Helmke, 2005; Vanberg, 2005). In Canada, however, the question of the extent to which governmental actors affect the Supreme Court of Canada's decision making in the wake of the Charter of Rights and Freedoms has not received systematic attention (but see Hennigar, 2010; Kelly, 2005). The paper analyzes the extent to which governmental mobilization through third-party intervention affects the Supreme Court's decision making. It relies on a dataset of all constitutional rights cases involving review of written laws decided by the Court in the post-charter period (1982–2007). It shows that third-party intervention is a powerful institutional mechanism providing governmental actors with an opportunity to systematically affect the exercise of judicial review.
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