POLS 3130 Chapter Notes - Chapter 8: Judicial Activism, Supreme Court Act, En Banc
9 Dec 2016
School
Department
Course
Professor
Document Summary
Why does the federal government appeal to the supreme court of canada in. Rational choice theory states that institutional rules and structures provide incentives and disincentives for behavior. Strategic theories of government litigation have been developed entirely within the u. s context. There is a stronger link between government lawyers and the political executive in canada: canadian government lawyers report directly to the attorney general who is a full member of cabinet and an elected member of the legislature. Attorney general says its their role to separate wheat from chaff and only take cases of a national issue that they ought to decide. Government"s stakes in charter cases are typically higher than in other types of legal disputes: policy authority of elected branches is particularly threatened. Original counsel from lower court cases are replaced less than. 25% of the time during appeals: no small group of elite lawyers like in the u. s that is responsible for representing the national government.
