You Can't Always Get What You Want
Regime Politics, the Supreme Court of Canada, and the Harper Government
Bibliographic Data
| ID | 6238301 |
|---|---|
| Authors | Emmett Macfarlane (0000-0002-8704-6882, University of Waterloo, corresponding author) |
| Year | 2018 |
| Volume | 51 |
| Issue | 1 |
| Pages | 1-21 |
| Publication date | 2018-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Canadian Journal of Political Science (JOURNAL) |
| Journal identifiers | ISSN: 0008-4239 • E-ISSN: 1744-9324 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0008423917000981 |
| OpenAlex | W2756138641 |
| Language | EN |
| Citations received | 10 |
| References cited | 27 |
Applying the regime politics approach to the study of judicial behaviour, which regards the Supreme Court as largely operating to preserve the policy agenda of the existing lawmaking majority, this paper evaluates the Court's behaviour during the Conservative government's tenure. There is evidence to support the basic core of the regime politics thesis. The Court rarely invalidates laws passed by the sitting government. Nonetheless, the Court's behaviour during the Conservative government's tenure was distinctive. Incorporating a measure of issue salience—the relative importance of the policies affected—into the analysis demonstrates the Court's impact on the Conservatives' policy agenda stands in sharp contrast to previous governments. It is the only government of the Charter period to have policies in its election platforms blocked by judicial review and the only government in Canadian history to effectively lose all of the constitutional reference cases it posed to the Court
Charter · Divided government · Economics · Government (linguistics · Law and economics · Lawmaking · Legislature · Political science · Politics · Salience (neuroscience · Supreme court · Criminal Law and Evidence · Judicial and Constitutional Studies · Law · Legal Education and Practice Innovations · Public Administration
L’architecture singulière du populisme pénal
The Blueprint of Penal Populism
Public Support for Canadian Courts
Parliamentary Constraints on Constitutional Review in the Supreme Court of Canada
The Overturning of Roe v. Wade
Sticking to Our Lanes
From the Ivory Tower to the Courtroom
Notwithstanding Centralism
How the Canadian sentencing system impacts policy reform
La jurisprudence de droit linguistique à la Cour suprême du Canada sous le règne Harper
The Rise of the Conservative Legal Movement
Governing from the Centre
The Charter Dialogue between Courts and Legislatures (Or Perhaps the Charter of Rights Isn't Such a Bad Thing after All)
Conservatism, Liberalism, and Socialism in Canada
The courts/parliament trade-off
The Nonmajoritarian Difficulty
Party Politics or Judicial Independence? The Regime Politics Literature Hits the Law Schools
Rethinking Regime Politics
The Charter Revolution and the Court Party
The notwithstanding mechanism and public discussion
Towards Juristocracy
Dialogue or compliance? Measuring legislatures’ policy responses to court rulings on rights
The Hollow Hope
A Political Regimes Approach to the Analysis of Legal Decisions
Judicial Decision Making In the Supreme Court of Canada
| Unique citing works | 10 |
|---|---|
| Citations per year | 1,67 |
| Citation span | 2020 - 2026 (7) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 10 |