Retired Canadian Supreme Court Justice Rosalie Silberman Abella discusses the role of constitutional courts in democracy and where SCOTUS may be off track. They touch on the resistance to adopting global judicial practices, potential Supreme Court reforms, personal journey as a Holocaust survivor, challenges faced by trailblazers in the legal field, and the importance of transparency and adaptability in court systems.
Comparative approach between Canadian and American jurisprudence promotes inclusivity in rights.
Increased transparency in judicial proceedings through public hearings on-camera and prior notice of decisions benefits public engagement.
Legal precedents should adapt to reflect contemporary realities and societal shifts for fostering inclusivity and enhancing societal dialogue.
Deep dives
The Role of Comparative Approach in Teaching
Teaching law students the importance of a comparative approach between Canadian and American jurisprudence, Justice Rosalie Silberman Abella emphasizes the benefits of inclusivity in rights. By showcasing the different approaches to freedom of expression, religion, and equality, students gain insight into the diverse perspectives that shape legal systems. Through these comparative analyses, she promotes a nuanced understanding of the law's democratic values and the role of law in producing justice for all.
Enhancing Access to Decisions and Transparency in Judicial Proceedings
Justice Rosalie Silberman Abella advocates for increased transparency and access in judicial proceedings to benefit the public. By ensuring public hearings are on-camera, releasing decisions with prior notice, and providing briefings to the press, she emphasizes the importance of facilitating understanding and engagement with legal outcomes. This approach contrasts with the conventional secrecy and surprise tactics often associated with judicial pronouncements in other jurisdictions.
Evolution of Legal Precedents and Justification for Change
Discussing the evolution of legal precedents, Justice Rosalie Silberman Abella illuminates the need for explaining and justifying changes in legal doctrine. By demonstrating how societal shifts and expanded awareness influence legal interpretations, she highlights the necessity of adapting precedents to reflect contemporary realities. This approach underscores the court's role in starting conversations, fostering inclusivity, and enhancing societal dialogue on critical issues like equality and rights.
Empowering Students to Shape Legal Discourse and Uphold Justice
Empowering law students to engage meaningfully with legal discourse and pursue justice, Justice Rosalie Silberman Abella instills a sense of responsibility and hope in the next generation of legal professionals. By encouraging students to critically analyze legal systems and advocate for inclusivity and rights, she fosters a commitment to upholding democratic values and promoting societal progress through the law. Through guidance and inspiration, she cultivates a mindset focused on contributing positively to the legal profession and society at large.
Advocating for Progressive Legal Education and Thought Leadership
Pioneering progressive legal education and thought leadership in her teaching and advocacy, Justice Rosalie Silberman Abella exemplifies a commitment to engaging, enlightening, and inspiring future legal minds. By challenging conventional norms, promoting transparency, and fostering inclusive legal principles, she drives a transformative approach to legal pedagogy that emphasizes critical thinking, societal impact, and the pursuit of justice for all. Through her innovative teachings and thought-provoking insights, she guides students towards a deeper understanding of the law's role in shaping a more equitable and just society.
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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