Charter Revolution and the Court Party

F.L. Morton and Rainer Knopff received their PhDs from the University of Toronto and have both taught at the University of Calgary for the past twenty years. Their previous books include Charter Politics (1992), Morgentaler v. Borowski: Abortion, the Charter, and the Courts (1992), Human Rights and Social Technology: The New War on Discrimination (1989), and Federalism and the Charter: Leading Constitutional Decisions (1989, with Peter Russell). F.L. Morton and Rainer Knopff received their PhDs from the University of Toronto and have both taught at the University of Calgary for the past twenty years. Their previous books include Charter Politics (1992), Morgentaler v. Borowski: Abortion, the Charter, and the Courts (1992), Human Rights and Social Technology: The New War on Discrimination (1989), and Federalism and the Charter: Leading Constitutional Decisions (1989, with Peter Russell).

• Part I: IntroductionThe Charter RevolutionThe Role of JudgesThe Court PartyPart II: Judges and the CharterJudicial DiscretionCore ValuesTextual InnovationsOriginal Intent, Traditional Understandings Oracularism Part III: The Court PartyUnifiersCivil LibertariansEquality SeekersSocial EngineersPostmaterialistsThe Elitism of the Court Party Part IV: The State ConnectionSecretary of State FundingCourt Challenges ProgramFunding for Aboriginal Rights LitigationAcademic Research FundingLegal AidProvincial Law FoundationsPart V: The JurocracyCourtsAdministrative TribunalsGovernment Legal DepartmentsLaw Reform Commission of CanadaNational Judicial Institute and Western Judicial Education CentrePart VI: Power Knowledge: The Supreme Court as the Vanguard of the IntelligentsiaAdministrative SupportRights ExpertsAdvocacy Scholarship Part VII: What's Wrong with the Charter Revolution and the Court PartyNotesList of Cases CitedSelect BibliographyIndex