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Canadian and American abortion policy took suddenly divergent paths after their respective Supreme Court decisions on the constitutionality of abortion; Roe v. Wade and Morgentaler v. the Queen. The question guiding this research is therefore why, with similar interest groups and policy legacies, has abortion policy diverged in Canada and the United States since Morgentaler and Roe? The thesis seeks to uncover the institutional access and veto points in order to explain these recently divergent abortion policies. This thesis uses historical institutionalism to seek explanations for this policy divergence. This thesis uses the comparative method to flesh out institutional similarities and differences that account for divergent abortion policy development in Canada and the United States since the 1970s. The comparative method used here involves the detailed analysis of Canadian and American abortion policy over time and the institutions influencing its development. The dependent variable is therefore abortion policy, while the independent variables are the institutional structures of the two states. The thesis concludes that because of the policy legacy created through Roe, and the permeability of the Republican Party by anti-abortion forces, the American abortion debate centers on judicial nominations and fierce Supreme Court battles. Conversely, the Canadian abortion debate continues along the same path, that of deference to the medical profession, as it did prior to Morgentaler. These institutional access and veto points therefore explain the divergent policy paths taken by the United States and Canada after Roe and Morgentaler.
Since 1980, the Canadian women's movement has been an active participant in consitutional politics and Charter litigation. This book, through its focus on the Women's Legal Education and Action Fund (LEAF), presents a compelling examination of how Canadian feminists became key actors in developing the constitutional doctrine of equality, and how they mobilized that doctrine to support the movement's policy agenda. The case of LEAF, an organization that has as its goal the use of Charter litigation to influence legal rules and public policy, provides rich ground for Christopher Manfredi's keen analysis of legal mobilization. In a multitude of areas such as abortion, pornography, sexual assault, family law, and gay and lesbian rights, LEAF has intervened before the Supreme Court to bring its understanding of equality to bear on legal policy development. This study offers a deft examination of LEAF's arguments and seeks to understand how they affected the Court's consideration of the issues. Perhaps most important, it also contemplates the long-term effects of the mobilization, and considers the social impact of the legal doctrine that has emerged from LEAF cases. A major contribution to law and society studies, Feminist Activism in the Supreme Court is unparalleled in its analysis of legal mobilization as an effective strategy for social movements. It will be widely read and welcomed by legal scholars, political scientists, lawyers, feminists, and activists.
A cross-cultural analysis of the abortion issue in the United States and Canada. The book focuses on: the judicial, legislative and executive branches; public opinion and interest groups; federal agencies; and the roles of subnational authorities and the health care sectors.
First published in 1991. Over the last twenty-five years or so, the debate on abortion has not moved any closer to resolution in either the United States or Canada. The courts, the legislatures, the pulpits, the classrooms, the hospitals and clinics and the media have provided the forums for this on-going struggle. Two groups of activists have dominated the debate. The opponents of abortion, who are referred to as anti-abortion or pro-life, advocate restrictive policies on abortion while the pro-choice groups direct their attempts to creating a permissive policy that allows a woman to make her own decision. The anti-abortion advocates and the pro-choice advocates alike have learned the skills and developed the strategies to advance their own positions. Whatever legal and public policy gains are made by one side are often countered by moves from their opponents. There is available a vast amount of material related to the topic of abortion. From the extensive and diverse literature, this book draws a collection of relevant materials primarily representing aspects of the sociological, philosophical, religious and legal aspects of the abortion issue. Its purpose is to serve as a source bode for those interested in seeing how the abortion debate has been conducted within the recent past. The book also serves as a reference work for further study.
The role courts should play in American democracy has long been contested, fueling debates among citizens who take an active interest in politics. Alexander Bickel made a significant contribution to these debates with his seminal publication, The Least Dangerous Branch, which framed the problem of defending legitimate judicial authority. This book addresses whether or not the countermajoritarian difficulty outlined in Bickel's work continues to have significance for constitutional theory almost a half-century later. The contributors illustrate how the countermajoritarian difficulty and Bickel's response to it engage prominent theories: the proceduralisms of John Hart Ely and Jeremy Waldron; the republicanisms of Bruce Ackerman and Cass Sunstein; and the originalisms of Raoul Berger, Robert Bork, and Keith Whittington. In so doing, this book provides a useful introduction to recent debates in constitutional theory and also contributes to the broader discussion about the proper role of the courts.
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
When journalists, academics, and politicians describe the North American anti-abortion movement, they often describe a campaign that is male-dominated, aggressive, and even violent in its tactics, religious in motivation, anti-women in tone, and fetal-centric in arguments and rhetoric. Are they correct? In The Changing Voice of the Anti-Abortion Movement, Paul Saurette and Kelly Gordon suggest that the reality is far more complicated, particularly in Canada. Today, anti-abortion activism increasingly presents itself as “pro-women”: using female spokespersons, adopting medical and scientific language to claim that abortion harms women, and employing a wide range of more subtle framing and narrative rhetorical tactics that use traditionally progressive themes to present the anti-abortion position as more feminist than pro-choice feminism. Following a succinct but comprehensive overview of the two-hundred year history of North American debate and legislation on abortion, Saurette and Gordon present the results of their systematic, five-year quantitative and qualitative discourse analysis, supplemented by extensive first-person observations, and outline the implications that flow from these findings. Their discoveries are a challenge to our current assumptions about the abortion debate today, and their conclusions will be compelling for both scholars and activists alike.