POLS 3130 Lecture Notes - Lecture 3: Alternative Dispute Resolution, Justiciability, Film Censorship
28 Sep 2017
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Tuesday september 26th 2017 week 3 judicial process. Judges make law/policy: always have, always wills. Judicial policymaking at the constitutional level increases: as entrenched constitutional law expands, charter of rights and freedoms, and as judges base decisions on sources beyond constitutional law, expanding constitutional law: Judicial policymaking power also grows as one climbs the hierarchy of laws: constitutional policymaking is especially important, going beyond constitutional law: Judicial policymaking: varies, with level of courts, across levels of law, grows, at higher levels of courts, at higher levels of law, as traditional adjudicative constraints decline. Adjudicative vs. policymaking two models of decision making: adjudicative model, live, concrete dispute between two parties, both have direct interest in outcome. Judicial function: help shape and disseminate public values (to make policy: primary function of some courts is to make policy, canada: supreme court, may literally make policy choices beyond what is strictly necessary to settle dispute, more controversial.
