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A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek
A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek
Osgoode Hall Law Journal
For most of the twentieth century, the dominant paradigm in comparative public law was particularism. This was accompanied by a strong skepticism towards universalist features and possibilities in public law and, especially, constitutional law. With the rise of judicial review after World War I--and especially in Eastern Europe after the collapse of the Soviet Union--comparative judicial review has begun to flourish. However, comparative scholarship on judicial review overemphasizes the centrality of "the question of legitimacy" of judicial review in a democratic polity. This has been a result of the mistaken extrapolation of the American debate over judicial review to other …
American Citations And The Mclachlin Court: An Empirical Study, Peter Mccormick
American Citations And The Mclachlin Court: An Empirical Study, Peter Mccormick
Osgoode Hall Law Journal
This article examines the use of American jurisprudence by the judges of the McLachlin Court, using an earlier study of such citations as a reference point. In addition to tracking overall use of American citations over time, it looks at these trends: which Canadian judges use American cases and for which types of cases; and which American cases, courts, and judges are being cited. Brief descriptions of the Supreme Court cases with the largest use of American citations precede a categorization of the results. The article confirms previous academic findings that the use of American citations have been modest, with …