More than one hundred years ago, the U.S. Supreme Court started to refer to social science evidence in its judgments. However, this has not resonated with many constitutional courts outside the United States, in particular in continental Europe. This contribution has a twofold aim. First, it...

Should Canada have a representative Supreme Court? While the idea has an undeniable appeal, and is received wisdom in a variety of institutional settings in the public sphere (the federal public service, for example, is committed to becoming a representative institution), it sparks some...

Judicial review cannot be established without support from the incumbent regime. The early U.S. Supreme Court exercised a great deal of caution in asserting its power because it feared the ruling Jeffersonian coalition would ignore its decisions. After enactment of the Charter of Rights and...

This chapter considers the role jurists have in expanding the space(s) of border work, by specifically investigating the way a challenge to the Safe Third Country Agreement was taken up within Canadian courts. Using <u>Canada Council of Refugees v. Canada</u> as a case study, this chapter re-centers...