Constraining the Court: Judicial Power and Policy Implementation in the Charter Era

James B. Kelly
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Constraining the Court: Judicial Power and Policy Implementation in the Charter Era

James B. Kelly
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CANADIAN448 PAGESENGLISH

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  • Published date: Dec 15, 2024
  • Language: English
  • No. of Pages: 448
  • Publisher: Ubc Press
  • ISBN: 9780774870481
  • Dimensions: 6.0" W x 1.25" L x 9.15" H

In Constraining the Court, James Kelly argues that although the Supreme Court has the power to strike down legislation on Charter grounds, there is no guarantee that its decisions will reshape public policy. In his typically illuminating and incisive way, Kelly shows that the extent of courts’ "policy impact" depends on a number of factors, including whether political actors agree with judicial decisions, federalism considerations, and even the behaviour of private actors. Constraining the Court is essential reading for anyone seeking a more nuanced picture of how the institutions of state interact under the Charter, how federalism shapes the political response to court rulings, and how major Supreme Court cases do – or do not – shape public policy.

- Vanessa MacDonnell, associate professor and co-director, uOttawa Public Law Centre

James B. Kelly is a professor in the Department of Political Science at Concordia University. He is the author of Governing with the Charter: Legislative and Judicial Activism and Framers’ Intent, which was shortlisted for the 2005 Donner Prize. He served as the 2006–07 Seagram Chair in Canadian Studies at the McGill Institute for the Study of Canada, where he coedited Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms with Christopher P. Manfredi. With Janet L. Hiebert, he is also a coauthor of Parliamentary Bills of Rights: The Experiences of New Zealand and the United Kingdom. He has been a visiting fellow at the Centre for Comparative Constitutional Studies at Melbourne Law School; a visiting professor at the Faculty of Law of Bar-IIan University, Israel; and an editor of the Canadian Journal of Political Science.

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