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Lecture 4

POLS 3130 Lecture 4: Pols3130 sept26

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Political Science
POLS 3130
Kate Puddister

Supreme Court of Canada: Access and Docket • Public Important defined by the Court itself • SCC has to take cases-appeal by leave (most common) or appeal by right • However often includes: -presence of a constitutional issue in the form of a challenge to a statue, common law rule or government practice -conflict between courts of appeal -novel point of law (new legal issues). If it is a newer issue, lower courts will need guidance from the Supreme Court in order to know how to -interpretation of an important federal statue or provincial statue that exists in several provinces -Aboriginal cases • SCC Stats: Appeals heard by Law type- most cases heard are (1) criminal law, (2) civil law • ^important to note, its mostly public cases, not private law, over 70% were unanimous • The US Supreme court will only hear cases that have a federal Adjudicative Model • Success to courts: conservative -strict rules of standing (very specific, clear legal issue, not political issue • Disputes are narrowly defined -real/concrete cases (no abstract cases that could happen in the future -bipolar (2 parties) • Judges as a referee -formal procedural rules -adjudicative facts -these judges only listen to whats going on • Modes of reasoning: -incremental and limited creation of new rules/law -defense to legislatures Policy-Making Model • Access to courts: liberal -low barriers to access • Disputes are broadly defined -multi-party and interest group inclusion • Inclusion of social facts • Modes of reasoning -acceptable for courts to play an active role in policy development -less defence Problem-Solving Model • Addresses not just the dispute, but also why the offender ended up breaking the law as
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