F L Morton
Dados Biográficos
| ID | 2828308 |
|---|---|
| NOME | F L Morton |
| PRENOMES | F L |
| SOBRENOME | Morton |
| ASSINATURA | MORTON F L |
| AFILIAÇÕES | University of Calgary |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 20 |
| TOTAL DE CITAÇÕES | 93 |
| TOTAL COMO AUTOR | 20 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1984 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2004 |
| ÍNDICE H | 5 |
Government Use of Strategic Litigation
This study examines how the Alberta government used litigation--the Alberta Exported Gas Tax Reference--as part of its efforts to combat the federal government's National Energy Program (NEP) in the early 1980s; in doing so, the study posits some general theories of government use of strategic litigation and highlights the need for further research in this area. While the increased use of strategic litigation by interest groups as a political tac…
Ghosts and Straw Men
Readers of Miriam Smith's article1 who have not also read our recent book, The Charter Revolution and the Court Party, may conclude that she is critical of everything in that book. This would be a mistake, since nowhere in her article does she challenge the two central claims of the book: (1) that there has been a “Charter revolution,” and (2) that this revolution can be explained only in terms of a supporting constituency. Smith accepts these ce…
The Charter Revolution and the Court Party
Feminists and the Courts
This study proposes a new model for assessing success in interest group litigation. The model is applied to 47 appeal court rulings concerning feminist issues in 21 cases involving the Canadian Charter of Rights and Freedoms and 26 non-Charter cases. The study operationalizes the concept of ''success'' by including not just outcome (''who wins''), but also the effect of the case on the ''policy status quo'' (PSQ) and the creation of favourable or…
The Theory of Democratic Elitism Revisited Again
Regional Perspectives on Canada's Charter of Rights and Freedoms
In The Clash of Rights, Paul. M . Sniderman, Joseph Fletcher, Peter Russell and Philip Tetlock have challenged the orthodox view of “democratic elitism” and “value consensus” with respect to support for civil rights and liberties. Based on analysis of Canadian attitudes toward the 1982 Canadian Charter of Rights and Freedoms, Sniderman et al, found that support for rights claims varied more among elites than between elites and masses. They extend…
Reasonable Limitations, Distinct Society and the Canada Clause
This article connects the conflict in Canada over formal constitutional amendments—patriation (1982), the Meech Lake (1987) and the Charlottetown (1992) Accords—with constitutional litigation and interpretation. The authors posit that governments and organized social interests compete with and among themselves for constitutional advantage in both forums of constitutional modification, and that outcomes in each forum have predictable consequences …
Passing the Buck
The Effect of the Charter of Rights on Canadian Federalism
Journal Article The Effect of the Charter of Rights on Canadian Federalism Get access F. L. Morton F. L. Morton University of Calgary Search for other works by this author on: Oxford Academic Google Scholar Publius: The Journal of Federalism, Volume 25, Issue 3, Summer 1995, Pages 173–188, https://doi.org/10.1093/oxfordjournals.pubjof.a038203 Published: 01 January 1995
Pro-Choice vs. Pro-Life
Charter Politics
Judicial Review in France
Journal Article Judicial Review in France: A Comparative Analysis Get access Morton F.L. Morton F.L. 1F.L. Morton is Professor, Department of Political Science, University of Calgary, Canada. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 36, Issue 1, Winter 1988, Pages 89–110, https://doi.org/10.2307/840185 Published: 01 January 1988
The Political Impact of the Canadian Charter of Rights and Freedoms
This article assesses the impact of the Charter of Rights and Freedoms on the Canadian political system. Unlike some commentators who have minimized the effect of the Charter, the author finds that the Charter is inducing significant and permanent changes in the conduct of Canadian politics. Canadian judges have shed their pre-Charter style of deference and self-restraint, and are playing a bolder and more influential role in the governing proces…
Law, Politics and the Judicial Process in Canada
Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. Law, Politics and the Judicial Process in Canada features new introductions and new readings that deal with current issues in the realm of Canadian law and politics
The Supreme Court and Constitutional Democracy. John Agresto
The impact of the Charter of Rights on public administration
It is generally accepted that the Charter of Rights and Freedoms, and in particular its section 15 “equality rights,” will significantly affect Canadian public policy and administration. We argue that the principal change wrought by the Charter will be that judges, applying judicial methods of reasoning, will have the final say on many policy problems formerly managed exclusively by administrative institutions, applying administrative methods of …
The Supreme Court and Constitutional DemocracyJohn Agresto Ithaca
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Canadian Federalism, The Charter of Rights, and the 1984 Election
Journal Article Canadian Federalism, The Charter of Rights, and the 1984 Election Get access Roger Gibbins, Roger Gibbins University of Calgary Search for other works by this author on: Oxford Academic Google Scholar Rainer Knopff, Rainer Knopff University of Calgary Search for other works by this author on: Oxford Academic Google Scholar F. L. Morton F. L. Morton University of Calgary Search for other works by this author on: Oxford Academic Goo…
The Supreme Court's Promotion of Sexual Equality
It is well known that the United States Supreme Court has a policy-making role. But it is not clear that it has the appropriate competence for making policy choices. In the following examination of its sex-discrimination Equal Protection decisions between 1971 and 1981, Professor Morton finds that the Court has tended to abstract the sex-discrimination issue out of its normal legislative context of family support. The Court has allowed a rather n…
Sexual Equality and the Family in Tocqueville'sDemocracy in America
Tocqueville is usually understood to have proposed a two-tiered antidote to “the problem of democracy”: the doctrine of “self-interest rightly understood” and the preservation of religious belief. This article argues that Tocqueville provided a previously unnoticed third tier to his prescription: the democratic family. Sheltered from the competitive individualism of society, the family is portrayed as a haven of co-operation that nurtures the hab…
Feminists and the Courts
This study proposes a new model for assessing success in interest group litigation. The model is applied to 47 appeal court rulings concerning feminist issues in 21 cases involving the Canadian Charter of Rights and Freedoms and 26 non-Charter cases. The study operationalizes the concept of ''success'' by including not just outcome (''who wins''), but also the effect of the case on the ''policy status quo'' (PSQ) and the creation of favourable or…
The Political Impact of the Canadian Charter of Rights and Freedoms
This article assesses the impact of the Charter of Rights and Freedoms on the Canadian political system. Unlike some commentators who have minimized the effect of the Charter, the author finds that the Charter is inducing significant and permanent changes in the conduct of Canadian politics. Canadian judges have shed their pre-Charter style of deference and self-restraint, and are playing a bolder and more influential role in the governing proces…
The Effect of the Charter of Rights on Canadian Federalism
Journal Article The Effect of the Charter of Rights on Canadian Federalism Get access F. L. Morton F. L. Morton University of Calgary Search for other works by this author on: Oxford Academic Google Scholar Publius: The Journal of Federalism, Volume 25, Issue 3, Summer 1995, Pages 173–188, https://doi.org/10.1093/oxfordjournals.pubjof.a038203 Published: 01 January 1995
The Charter Revolution and the Court Party
Law, Politics and the Judicial Process in Canada
Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. Law, Politics and the Judicial Process in Canada features new introductions and new readings that deal with current issues in the realm of Canadian law and politics
Passing the Buck
Sexual Equality and the Family in Tocqueville'sDemocracy in America
Tocqueville is usually understood to have proposed a two-tiered antidote to “the problem of democracy”: the doctrine of “self-interest rightly understood” and the preservation of religious belief. This article argues that Tocqueville provided a previously unnoticed third tier to his prescription: the democratic family. Sheltered from the competitive individualism of society, the family is portrayed as a haven of co-operation that nurtures the hab…
Regional Perspectives on Canada's Charter of Rights and Freedoms
In The Clash of Rights, Paul. M . Sniderman, Joseph Fletcher, Peter Russell and Philip Tetlock have challenged the orthodox view of “democratic elitism” and “value consensus” with respect to support for civil rights and liberties. Based on analysis of Canadian attitudes toward the 1982 Canadian Charter of Rights and Freedoms, Sniderman et al, found that support for rights claims varied more among elites than between elites and masses. They extend…
Reasonable Limitations, Distinct Society and the Canada Clause
This article connects the conflict in Canada over formal constitutional amendments—patriation (1982), the Meech Lake (1987) and the Charlottetown (1992) Accords—with constitutional litigation and interpretation. The authors posit that governments and organized social interests compete with and among themselves for constitutional advantage in both forums of constitutional modification, and that outcomes in each forum have predictable consequences …
The impact of the Charter of Rights on public administration
It is generally accepted that the Charter of Rights and Freedoms, and in particular its section 15 “equality rights,” will significantly affect Canadian public policy and administration. We argue that the principal change wrought by the Charter will be that judges, applying judicial methods of reasoning, will have the final say on many policy problems formerly managed exclusively by administrative institutions, applying administrative methods of …
Canadian Federalism, The Charter of Rights, and the 1984 Election
Journal Article Canadian Federalism, The Charter of Rights, and the 1984 Election Get access Roger Gibbins, Roger Gibbins University of Calgary Search for other works by this author on: Oxford Academic Google Scholar Rainer Knopff, Rainer Knopff University of Calgary Search for other works by this author on: Oxford Academic Google Scholar F. L. Morton F. L. Morton University of Calgary Search for other works by this author on: Oxford Academic Goo…
The Theory of Democratic Elitism Revisited Again
The Supreme Court's Promotion of Sexual Equality
It is well known that the United States Supreme Court has a policy-making role. But it is not clear that it has the appropriate competence for making policy choices. In the following examination of its sex-discrimination Equal Protection decisions between 1971 and 1981, Professor Morton finds that the Court has tended to abstract the sex-discrimination issue out of its normal legislative context of family support. The Court has allowed a rather n…
Sexual Equality and the Family in Tocqueville'sDemocracy in America
Tocqueville is usually understood to have proposed a two-tiered antidote to “the problem of democracy”: the doctrine of “self-interest rightly understood” and the preservation of religious belief. This article argues that Tocqueville provided a previously unnoticed third tier to his prescription: the democratic family. Sheltered from the competitive individualism of society, the family is portrayed as a haven of co-operation that nurtures the hab…
The Supreme Court and Constitutional Democracy. John Agresto
The impact of the Charter of Rights on public administration
It is generally accepted that the Charter of Rights and Freedoms, and in particular its section 15 “equality rights,” will significantly affect Canadian public policy and administration. We argue that the principal change wrought by the Charter will be that judges, applying judicial methods of reasoning, will have the final say on many policy problems formerly managed exclusively by administrative institutions, applying administrative methods of …
The Supreme Court and Constitutional DemocracyJohn Agresto Ithaca
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Canadian Federalism, The Charter of Rights, and the 1984 Election
Journal Article Canadian Federalism, The Charter of Rights, and the 1984 Election Get access Roger Gibbins, Roger Gibbins University of Calgary Search for other works by this author on: Oxford Academic Google Scholar Rainer Knopff, Rainer Knopff University of Calgary Search for other works by this author on: Oxford Academic Google Scholar F. L. Morton F. L. Morton University of Calgary Search for other works by this author on: Oxford Academic Goo…
Law, Politics and the Judicial Process in Canada
Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. Law, Politics and the Judicial Process in Canada features new introductions and new readings that deal with current issues in the realm of Canadian law and politics
The Political Impact of the Canadian Charter of Rights and Freedoms
This article assesses the impact of the Charter of Rights and Freedoms on the Canadian political system. Unlike some commentators who have minimized the effect of the Charter, the author finds that the Charter is inducing significant and permanent changes in the conduct of Canadian politics. Canadian judges have shed their pre-Charter style of deference and self-restraint, and are playing a bolder and more influential role in the governing proces…
Judicial Review in France
Journal Article Judicial Review in France: A Comparative Analysis Get access Morton F.L. Morton F.L. 1F.L. Morton is Professor, Department of Political Science, University of Calgary, Canada. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 36, Issue 1, Winter 1988, Pages 89–110, https://doi.org/10.2307/840185 Published: 01 January 1988
Charter Politics
Pro-Choice vs. Pro-Life
The Effect of the Charter of Rights on Canadian Federalism
Journal Article The Effect of the Charter of Rights on Canadian Federalism Get access F. L. Morton F. L. Morton University of Calgary Search for other works by this author on: Oxford Academic Google Scholar Publius: The Journal of Federalism, Volume 25, Issue 3, Summer 1995, Pages 173–188, https://doi.org/10.1093/oxfordjournals.pubjof.a038203 Published: 01 January 1995
Passing the Buck
Reasonable Limitations, Distinct Society and the Canada Clause
This article connects the conflict in Canada over formal constitutional amendments—patriation (1982), the Meech Lake (1987) and the Charlottetown (1992) Accords—with constitutional litigation and interpretation. The authors posit that governments and organized social interests compete with and among themselves for constitutional advantage in both forums of constitutional modification, and that outcomes in each forum have predictable consequences …
Regional Perspectives on Canada's Charter of Rights and Freedoms
In The Clash of Rights, Paul. M . Sniderman, Joseph Fletcher, Peter Russell and Philip Tetlock have challenged the orthodox view of “democratic elitism” and “value consensus” with respect to support for civil rights and liberties. Based on analysis of Canadian attitudes toward the 1982 Canadian Charter of Rights and Freedoms, Sniderman et al, found that support for rights claims varied more among elites than between elites and masses. They extend…
The Charter Revolution and the Court Party
Feminists and the Courts
This study proposes a new model for assessing success in interest group litigation. The model is applied to 47 appeal court rulings concerning feminist issues in 21 cases involving the Canadian Charter of Rights and Freedoms and 26 non-Charter cases. The study operationalizes the concept of ''success'' by including not just outcome (''who wins''), but also the effect of the case on the ''policy status quo'' (PSQ) and the creation of favourable or…
The Theory of Democratic Elitism Revisited Again
Ghosts and Straw Men
Readers of Miriam Smith's article1 who have not also read our recent book, The Charter Revolution and the Court Party, may conclude that she is critical of everything in that book. This would be a mistake, since nowhere in her article does she challenge the two central claims of the book: (1) that there has been a “Charter revolution,” and (2) that this revolution can be explained only in terms of a supporting constituency. Smith accepts these ce…
Government Use of Strategic Litigation
This study examines how the Alberta government used litigation--the Alberta Exported Gas Tax Reference--as part of its efforts to combat the federal government's National Energy Program (NEP) in the early 1980s; in doing so, the study posits some general theories of government use of strategic litigation and highlights the need for further research in this area. While the increased use of strategic litigation by interest groups as a political tac…
Political science (20 obras) · Law (18 obras) · Law (17 obras) · Judicial and Constitutional Studies (12 obras) · Politics (12 obras) · Charter (10 obras) · Sociology (7 obras) · Supreme court (7 obras) · Law and economics (6 obras) · Democracy (5 obras)