Retired Canadian Supreme Court Justice Rosalie S. Abella discusses SCOTUS reform and the role of constitutional courts in democracy with Dahlia Lithwick. They explore the lack of transparency in the US Supreme Court, comparing it to international counterparts. Abella reflects on her journey to becoming a judge in Canada and the evolution of understanding and protecting rights in the legal community.
Comparing judicial practices internationally can offer valuable insights on promoting democracy and upholding rights.
Transparency in judicial proceedings, like public hearings and briefings, is crucial for legal accessibility and understanding.
Courts play a pivotal role in evolving rights, promoting justice, and shaping public opinion through legal precedents.
Deep dives
Comparative Legal Analysis and the Importance of Judicial Role
The speaker highlights the preternatural reluctance in the United States to consider the practices of other countries when it comes to the judicial system. By comparing Canadian and American jurisprudence, the differences in approaches to freedom of expression, freedom of religion, and equality are discussed. The importance of looking at these differences to understand various perspectives on rights is emphasized as a crucial aspect of legal education.
Transparency and Public Access in Judicial Decision-Making
The podcast underscores the significance of transparency in judicial proceedings, contrasting the practices of Canadian and American courts. The Canadian court's approach of conducting public, on-camera hearings, providing briefings to the press prior to decisions, and notifying the public about decision dates is highlighted as essential for ensuring the accessibility and understanding of legal processes.
Evolution of Rights and the Role of Courts in Democracy
The discussion delves into the evolving nature of rights and the role of courts in promoting justice within a democratic framework. The podcast explores how legal precedents shift over time to address changing social realities, emphasizing the court's responsibility in initiating conversations and shaping public opinion on issues such as gay rights and discrimination.
Teaching Judicial Values and Empowering Law Students
Educational approaches to instilling judicial values and critical thinking in law students are examined. The speaker emphasizes guiding students through comparative legal analysis, allowing them to form their own perspectives on legal frameworks and societal issues. The importance of maintaining hope and empowering students to contribute positively to the legal system is highlighted.
The Role of Constitutional Courts in Upholding Democracy
The podcast underscores the crucial role of constitutional courts in upholding democratic values and protecting rights. By discussing the impact of judicial decisions on societal progress and inclusion, the speaker emphasizes the courts' responsibility in promoting justice, initiating conversations, and expanding rights to marginalized groups.
Acknowledgment of Personal and Historical Perspectives in Legal Education
The importance of recognizing personal and historical perspectives in legal education is emphasized. Through personal anecdotes and historical contexts, the speaker illustrates the impact of familial experiences and societal histories on legal reasoning and compassion. The interactive approach to exploring legal principles through lived experiences and empathetic understanding is highlighted as essential for shaping effective and compassionate judicial decision-making.
So President Biden finally signaled an openness to maybe possibly thinking about Supreme Court reform. Too little, too late, perhaps - but also, desperately needed, certainly. The US Supreme Court views itself as separate and apart from all other courts - including international counterparts. What could Americans learn from other courts? One of the world’s most respected jurists, retired Canadian Supreme Court Justice Rosalie Silberman Abella, joins Dahlia Lithwick on this week’s Amicus for a very special conversation about the role of constitutional courts in democracy, and where SCOTUS may be veering off track.
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