Women's Studies 2270A/B Study Guide - Final Guide: Catharine Mackinnon, Feminist Legal Theory, Susan Brooks

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Court system & judges: originally 6 judges: 3qc, 2 on, 1 elsewhere appeal to judicial committee of privy council, raised to 7 (1927) to 9 (1949) Scc = highest court of appeal 1 chief justice & others = puisne justices. Judicial independence & impartiality: helpful, problematic: raises q of who defines impartiality ; unaccountable judges . Judges =/= democratically elected shields judiciary from accountability. Judges have a lot of power fascism: judges not in vacuum. Legislature responds productive interplay force: independent judiciary can institutions to take hr seriously. Minorities not well represented by democracy: parliament has last word, dissents: obvious value for charter cases today"s dissent = tomorrow"s majority, dissent in mossop majority in egan. Generations of feminist legal theory: legal change = necessary, but slow, martha chamallas proposed the 3 gens of fem legal theory. Sex-positive / pro-sex feminism: emphasis: similarity, making room for women within existing male structures.