POLS 3130 Lecture Notes - Lecture 3: Drug Court, Mootness, Justiciability
28 Nov 2016
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Law, politics, and judicial process pols*2350 week 3 notes (september 26th, 28th, 30th) Role of the judge in judicial process. Case study: canada (a. g. ) v bedford [2013] 3 s. c. r. Access to courts: conservative: strict rules of standing. Disputes are narrowly defined: real/concrete cases, bipolar. Judge as referee: formal procedural rules, adjudicative facts. Incremental and limited creation of new rules/law: deference to legislature. Access to courts: liberal: low barriers to access. Disputes are broadly defined: multi-party and interest group inclusion. Modes of reasoning: acceptable for courts to play an active role in policy development, less deference to legislatures. Focuses on solving the problem of the litigant(s) and building relationships. Fact finding concerned with the contextual factors relating to litigants. Examples: drug treatment courts, mental health courts, aboriginal courts, domestic violence courts, community courts. Canada (minister of justice) v. borowski [1981] 2 s. c. r. Pro-life activist in manitoba, who wanted to challenge the abortion law.
