Supreme Court Judging in a Democracy: Canadian and American Perspectives

In modern constitutional democracies, supreme court judges assume a role that entangles them in many of the most contentious political and legal issues of the day. What exactly is the nature of that role? What purposes does it serve and what constrains it? How can judges most effectively play their role as guardians of the constitutional order? This course will address these questions as they have confronted the Canadian and US Supreme Courts, engaging legal theory and the various subjects that these Supreme Courts are frequently drawn into, including freedoms of association, expression and religion, labour relations, international law, and equality.