Kategoria BISAC: Law >> Courts - General

The sacred sites of indigenous peoples are under increasing threat worldwide. The threat's origin is traceable to state appropriation of control over their ancestral territories; its increase is fueled by insatiable demands on lands, waters, and natural resources. Because their sacred sites spiritually anchor their relationship with their lands, and because their relationship with their lands is at the core of their identities, threats to their sacred sites are effectively threats to indigenous peoples themselves.

In recent decades, First Nations peoples of Canada, like other...

Canada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place? From the several hundred requests for judicial review filed every year, how and why do the justices pick some cases but not others for review?

Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases "win" a place on the Court's...

Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Gerald Baier argues that the judicial review of Canadian federalism is under-investigated by political scientists. New institutionalist literature in political science suggests that courts matter as sites of governmental conflict and that they rely on processes of reasoning and decision making that can be distinguished from the political. Baier proposes that the idea of judicial doctrine is necessary to a better understanding of judicial reasoning,...

Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement...