Attitudinal Decision Making in the Supreme Court of Canada

This important book adds much to our understanding of both judicial decision making and the Supreme Court of Canada. The authors analyze the impact of the justices' policy preferences on their choices and ... offer insights on the ways that institutional attributes of courts shape the behaviour of their judges. The book will contribute to the ongoing debate over the forces that shape judicial behaviour. -- Lawrence Baum, author of The Puzzle of Judicial Behavior and Judges and Their Audiences: A Perspective on Judicial Behavior In my estimation, this is the most comprehensive analysis of the individual voting patterns of Supreme Court justices to date. No other work ... provides as nuanced an analysis of the ideological variances of the justices across a range of policy issues. Ostberg and Wetstein have clearly demonstrated that value preferences and ideological considerations structure the voting records of justices ... Their work will bolster the call for greater public scrutiny of judicial appointments to the Supreme Court of Canada. -- James B. Kelly, author of Governing with the Charter: Legislative and Judicial Activism and Framers' Intent

Relying on a database of Canadian Supreme Court rulings between 1984 and 2003, this book presents a discussion of the attitudinal model of decision making. Suitable for a wide range of legal scholars and court watchers, it tests the assumption that conflict in the courts is due in large part to ideological divisions among the members.This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.