Governing from the Bench: The Supreme Court of Canada and the Judicial Role (Law and Society Series)

As Canada's final court of appeal, the Supreme Court is a
crucial component of the country's legal system. Yet, for much of
its almost 140-year history, the highest court in the land dwelled in
relative obscurity. More than thirty years since the advent of the
Charter of Rights and Freedoms, which transformed the
court's function and thrust its work into the national spotlight,
many of us are still in the dark about the Supreme Court's role
-- in part because there has been relatively little empirical
investigation into how the institution works.

In Governing from the Bench, Emmett Macfarlane draws on
interviews with current and former justices, law clerks, and other
staff members of the court to shed light on the institution's
internal environment and decision-making processes. He explores the
complex role of the Supreme Court as an institution; exposes the rules,
conventions, and norms that shape and constrain its justices'
behaviour; and situates the court in its broader governmental and
societal context, as it relates to the elected branches of government,
the media, and the public. At once enlightening and engaging,
Governing from the Bench is a much-needed and comprehensive
exploration of an institution that touches the lives of all
Canadians.Emmett Macfarlane is an assistant professor in the
Department of Political Science at the University of Waterloo, Ontario.