Judicial disagreement on the Supreme Court of Canada

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Androkovich-Farries, Bonnie
University of Lethbridge. Faculty of Arts and Science
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Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2004
This paper will attempt to explore the history and function of judical disagreement behaviour using information from both the Canadian Supreme Court and the US Supreme Court. The evolution of national high court decision making, highlights the changing role of courts within the political and public spheres, as well as the increasing authority courts have over policy. This changing role reinforces the need to study the role of courts on law. I will use minority opinions from the Laskin and Dickson courts to study what disagreement reveals about the decision making process. Judicial disagreement has largely been summed up into two deficient stereotypes: the dissent as "serious" disagreement and the separate concurrence as inferior disagreement to the dissent. I will dispel this fallacy by introducing the five categories created to describe a new way of thinking about judicial disagreement and to shatter the old stereotypes.
vii, 149 leaves ; 29 cm.
Dissertations, Academic , Canada. Supreme Court , United States. Supreme Court , Canada -- Politics and government , United States -- Politics and government , Judicial power -- Canada , Judicial power -- United States