Matthew Hennigar
Biographic Data
| ID | 4374728 |
|---|---|
| NAME | Matthew Hennigar |
| GIVEN NAMES | Matthew |
| FAMILY NAME | Hennigar |
| SIGNATURE | HENNIGAR M |
| AFFILIATIONS | Brock University |
| VERIFIED | No |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 105 |
| AUTHOR COUNT | 9 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2004 |
| LATEST PUBLICATION YEAR | 2017 |
| H-INDEX | 5 |
Degenerative Politics and Youth Criminal Justice Policy in Canada
The purpose of this article is to determine whether degenerative politics, a central proposition of democratic policy design theory or social constructivism, has been evident in Canadian youth criminal justice policy. Using a synchronic and diachronic case study design, the article conducts a rigorous content analysis of the legislative debates leading to the Young Offenders Act in 1982 and the Youth Criminal Justice Act in 2002. Policy makers’ s…
Does Patronage Matter? Connecting Influences on Judicial Appointments with Judicial Decision Making
The federal government's power to appoint judges has come under increased scrutiny in recent years. While many suggest that partisan affiliation, gender and professional background may be influencing the Canadian appointment process, and some have called into question the fairness of such influences, little attention has been directed at determining whether these characteristics influence the outcome of cases. This paper studies decisions made by…
Exploring the Links between Party and Appointment
Studies of federal judicial appointments made before 1988 discovered significant partisan ties between judicial appointees and the governments appointing them. In 1988, in response to criticism of these “patronage appointments,” the Mulroney government introduced screening committees to the process. This article explores the impact of these committees. Using information gained from surveys of legal elites, we trace the minor and major political c…
Exploring Complex Judicial–Executive Interaction
This article analyzes the federal government's concessions before the Supreme Court of Canada that its own laws are unconstitutional under the Charter of Rights, marking the first time that concessions have been analyzed empirically in Canada. Using data from 1984–2004, the author finds that full concessions of unconstitutionality are exceptionally rare but that partial concessions are not uncommon. There is weak support for the hypothesis that g…
Federal Judicial Appointments
The article investigates whether the new screening system introduced by the federal government in 1988 for appointing judges (below the Supreme Court level) has reduced the influence of patronage in the federal judicial appointment process. To analyse this question, we examined whether judicial appointees from 1989 through 2003 donated to a political party, particularly the party that appointed them, up to five years prior to their appointment. W…
Conceptualizing attorney general conduct in Charter litigation
The conduct of attorneys general in litigation involving the Charter of Rights and Freedoms has been the subject of little theoretical contextualization by social scientists. Legal scholars, beginning with John Edwards, have dominated discussion of this issue to date, largely to advocate that attorneys general should act independently of their governments, because to do otherwise would, in their view, violate the Constitution. Without addressing …
Why Does the Federal Government Appeal to the Supreme Court of Canada in Charter of Rights Cases? A Strategic Explanation
Despite the impressive body of scholarship dedicated to analyzing litigation involving the Charter of Rights and Freedoms in the Supreme Court of Canada, there remains an incomplete understanding of why these cases come to the Court. Notably absent from the literature is sustained analysis of why governments, the most frequent class of appellant, bring Charter cases to the Supreme Court. Recent work has addressed the decision to appeal by the U.S…
Explaining The Gender Gap in Support for the New Right
This article uses data from the 2000 Canadian Election Studyto examine a variety of possible explanations for the gender gap in support for the newright. The authors find structural and situational explanations to be of little help in accounting for the gap. What matters are values and beliefs. The gender gap in support for Canada's new right party reflects differences in views about the appropriate role of the state, lawand order, and traditiona…
Expanding the ‘Dialogue’ Debate
The inter–institutional dynamics between courts and elected governments under the Canadian Charter of Rights and Freedoms have recently, and widely, been characterized as a "dialogue" over constitutional meaning. This article seeks to expand the systematic analysis of "dialogue" to lower courts of appeal, using Canadian federal government responses as a case study. In the process, the article clarifies the hotly debated operational definition of …
Explaining The Gender Gap in Support for the New Right
This article uses data from the 2000 Canadian Election Studyto examine a variety of possible explanations for the gender gap in support for the newright. The authors find structural and situational explanations to be of little help in accounting for the gap. What matters are values and beliefs. The gender gap in support for Canada's new right party reflects differences in views about the appropriate role of the state, lawand order, and traditiona…
Does Patronage Matter? Connecting Influences on Judicial Appointments with Judicial Decision Making
The federal government's power to appoint judges has come under increased scrutiny in recent years. While many suggest that partisan affiliation, gender and professional background may be influencing the Canadian appointment process, and some have called into question the fairness of such influences, little attention has been directed at determining whether these characteristics influence the outcome of cases. This paper studies decisions made by…
Expanding the ‘Dialogue’ Debate
The inter–institutional dynamics between courts and elected governments under the Canadian Charter of Rights and Freedoms have recently, and widely, been characterized as a "dialogue" over constitutional meaning. This article seeks to expand the systematic analysis of "dialogue" to lower courts of appeal, using Canadian federal government responses as a case study. In the process, the article clarifies the hotly debated operational definition of …
Why Does the Federal Government Appeal to the Supreme Court of Canada in Charter of Rights Cases? A Strategic Explanation
Despite the impressive body of scholarship dedicated to analyzing litigation involving the Charter of Rights and Freedoms in the Supreme Court of Canada, there remains an incomplete understanding of why these cases come to the Court. Notably absent from the literature is sustained analysis of why governments, the most frequent class of appellant, bring Charter cases to the Supreme Court. Recent work has addressed the decision to appeal by the U.S…
Exploring the Links between Party and Appointment
Studies of federal judicial appointments made before 1988 discovered significant partisan ties between judicial appointees and the governments appointing them. In 1988, in response to criticism of these “patronage appointments,” the Mulroney government introduced screening committees to the process. This article explores the impact of these committees. Using information gained from surveys of legal elites, we trace the minor and major political c…
Conceptualizing attorney general conduct in Charter litigation
The conduct of attorneys general in litigation involving the Charter of Rights and Freedoms has been the subject of little theoretical contextualization by social scientists. Legal scholars, beginning with John Edwards, have dominated discussion of this issue to date, largely to advocate that attorneys general should act independently of their governments, because to do otherwise would, in their view, violate the Constitution. Without addressing …
Exploring Complex Judicial–Executive Interaction
This article analyzes the federal government's concessions before the Supreme Court of Canada that its own laws are unconstitutional under the Charter of Rights, marking the first time that concessions have been analyzed empirically in Canada. Using data from 1984–2004, the author finds that full concessions of unconstitutionality are exceptionally rare but that partial concessions are not uncommon. There is weak support for the hypothesis that g…
Federal Judicial Appointments
The article investigates whether the new screening system introduced by the federal government in 1988 for appointing judges (below the Supreme Court level) has reduced the influence of patronage in the federal judicial appointment process. To analyse this question, we examined whether judicial appointees from 1989 through 2003 donated to a political party, particularly the party that appointed them, up to five years prior to their appointment. W…
Degenerative Politics and Youth Criminal Justice Policy in Canada
The purpose of this article is to determine whether degenerative politics, a central proposition of democratic policy design theory or social constructivism, has been evident in Canadian youth criminal justice policy. Using a synchronic and diachronic case study design, the article conducts a rigorous content analysis of the legislative debates leading to the Young Offenders Act in 1982 and the Youth Criminal Justice Act in 2002. Policy makers’ s…
Expanding the ‘Dialogue’ Debate
The inter–institutional dynamics between courts and elected governments under the Canadian Charter of Rights and Freedoms have recently, and widely, been characterized as a "dialogue" over constitutional meaning. This article seeks to expand the systematic analysis of "dialogue" to lower courts of appeal, using Canadian federal government responses as a case study. In the process, the article clarifies the hotly debated operational definition of …
Explaining The Gender Gap in Support for the New Right
This article uses data from the 2000 Canadian Election Studyto examine a variety of possible explanations for the gender gap in support for the newright. The authors find structural and situational explanations to be of little help in accounting for the gap. What matters are values and beliefs. The gender gap in support for Canada's new right party reflects differences in views about the appropriate role of the state, lawand order, and traditiona…
Why Does the Federal Government Appeal to the Supreme Court of Canada in Charter of Rights Cases? A Strategic Explanation
Despite the impressive body of scholarship dedicated to analyzing litigation involving the Charter of Rights and Freedoms in the Supreme Court of Canada, there remains an incomplete understanding of why these cases come to the Court. Notably absent from the literature is sustained analysis of why governments, the most frequent class of appellant, bring Charter cases to the Supreme Court. Recent work has addressed the decision to appeal by the U.S…
Federal Judicial Appointments
The article investigates whether the new screening system introduced by the federal government in 1988 for appointing judges (below the Supreme Court level) has reduced the influence of patronage in the federal judicial appointment process. To analyse this question, we examined whether judicial appointees from 1989 through 2003 donated to a political party, particularly the party that appointed them, up to five years prior to their appointment. W…
Conceptualizing attorney general conduct in Charter litigation
The conduct of attorneys general in litigation involving the Charter of Rights and Freedoms has been the subject of little theoretical contextualization by social scientists. Legal scholars, beginning with John Edwards, have dominated discussion of this issue to date, largely to advocate that attorneys general should act independently of their governments, because to do otherwise would, in their view, violate the Constitution. Without addressing …
Exploring the Links between Party and Appointment
Studies of federal judicial appointments made before 1988 discovered significant partisan ties between judicial appointees and the governments appointing them. In 1988, in response to criticism of these “patronage appointments,” the Mulroney government introduced screening committees to the process. This article explores the impact of these committees. Using information gained from surveys of legal elites, we trace the minor and major political c…
Exploring Complex Judicial–Executive Interaction
This article analyzes the federal government's concessions before the Supreme Court of Canada that its own laws are unconstitutional under the Charter of Rights, marking the first time that concessions have been analyzed empirically in Canada. Using data from 1984–2004, the author finds that full concessions of unconstitutionality are exceptionally rare but that partial concessions are not uncommon. There is weak support for the hypothesis that g…
Does Patronage Matter? Connecting Influences on Judicial Appointments with Judicial Decision Making
The federal government's power to appoint judges has come under increased scrutiny in recent years. While many suggest that partisan affiliation, gender and professional background may be influencing the Canadian appointment process, and some have called into question the fairness of such influences, little attention has been directed at determining whether these characteristics influence the outcome of cases. This paper studies decisions made by…
Degenerative Politics and Youth Criminal Justice Policy in Canada
The purpose of this article is to determine whether degenerative politics, a central proposition of democratic policy design theory or social constructivism, has been evident in Canadian youth criminal justice policy. Using a synchronic and diachronic case study design, the article conducts a rigorous content analysis of the legislative debates leading to the Young Offenders Act in 1982 and the Youth Criminal Justice Act in 2002. Policy makers’ s…
Law (9 works) · Law (9 works) · Political science (9 works) · Judicial and Constitutional Studies (7 works) · Supreme court (5 works) · Charter (4 works) · Government (linguistics (4 works) · Politics (4 works) · Appeal (3 works) · Criminal Law and Evidence (3 works)