The Democratic Dilemma

An overview of the Supreme Court of Canada and the changes that need to be made.

The process used to select judges of the Supreme Court of Canada has provoked criticism from the start. Some observers argue the process - where the prime minister has unfettered discretion - suffers from a democratic deficit, but there is also disagreement regarding alternative methods of selection. The Democratic Dilemma: Reforming Canada's Supreme Court explores the institutional features of the Court, whether the existing process used to select judges ought to be reformed, the overall legitimacy of the Court, as well as the selection and appointment processes of Supreme Court justices in other liberal democracies. This book will be of special interest to students and scholars of Canadian federalism, the judiciary, and comparative supreme courts. The Democratic Dilemma: Reforming Canada's Supreme Court is the second volume in the Institute of Intergovernmental Relations' Democratic Dilemma series. The first, The Democratic Dilemma: Reforming the Canadian Senate is edited by Jennifer Smith. Contributors include Arthur Benz (Technische Universität Darmstadt, Germany), Jorge O. Bercholc (Institute of Social and Legal Research Ambrosio L. Gioja), Eugénie Brouillet (Université Laval), Erin Crandall (McGill University), Neil Cruickshank (Algoma University), F.C. DeCoste (University of Alberta), Yonatan Fessha (University of the Western Cape, South Africa), Peter W. Hogg (Blake, Cassels & Graydon LLP), Eike-Christian Hornig (Technische Universität Darmstadt, Germany), Allan C. Hutchinson York University), Achim Hurrelmann (Carleton University), Andrée Lajoie (Université de Montréal), Martin Manolov (Human Resources and Skills Development Canada), Aman McLeod (Rutgers University), Peter McCormick (University of Lethbridge), Peter Oliver (University of Ottawa), Yves Tanguay (CRIDAQ), Alan Trench (solicitor, England and Wales), and Nadia Verrelli (Algoma University and Queen's University).