F. L. Morton's research while affiliated with The University of Calgary and other places

Publications (12)

Article
Readers of Miriam Smith's article1 who have not also read our recent book, The Charter Revolution and the Court Party, may conclude that she is critical of everything in that book. This would be a mistake, since nowhere in her article does she challenge the two central claims of the book: (1) that there has been a “Charter revolution,” and (2) that...
Article
The Theory of Democratic Elitism Revisited Again - Volume 34 Issue 1 - Richard Vengroff, F.L. Morton
Article
This study proposes a new model for assessing success in interest group litigation. The model is applied to 47 appeal court rulings concerning feminist issues in 21 cases involving the Canadian Charter of Rights and Freedoms and 26 non-Charter cases. The study operationalizes the concept of "success" by including not just outcome ("who wins"), but...
Article
Using aggregate analysis of survey data at the national level, Paul M. Sniderman and colleagues argue that, in the case of rights under the Canadian Charter of Rights and Freedoms, their data are more consistent with a pluralist model moderated by partisan elites than with democratic elitism. The partisan differences noted in their work are analyze...
Article
This article connects the conflict in Canada over formal constitutional amendments—patriation (1982), the Meech Lake (1987) and the Charlottetown (1992) Accords—with constitutional litigation and interpretation. The authors posit that governments and organized social interests compete with and among themselves for constitutional advantage in both f...
Article
Since the inception of the Constitution Act, 1982, a myriad of issues and challenges have been evolving, one of which has been the recent "one person, one vote" challenges to the existing electoral distribution laws. This paper presents background evidence prepared for the recent legal challenge to Alberta's electoral law, and entered into evidence...
Article
The federal election of 1984 may prove to be a critical event in the evolution of Canadian federalism. The election created a political climate favorable to a restructuring of the Canadian political agenda away from the “territorial politics” that has dominated it for several decades, toward a politics of national, non territorial issues. Such a tr...
Article
The federal election of 1984 may prove to be a critical event in the evolution of Canadian federalism. The election created a political climate favorable to a restructuring of the Canadian political agenda away from the “territorial politics” that has dominated it for several decades, toward a politics of national, non territorial issues. Such a tr...
Article
Incluye Bibliografía Con la Carta de Derechos y Libertades de Canadá la Suprema Corte revolucionó la política canadiense, es un hecho central importante en el acontecer social que despertó al poder legislativo, el autor presenta las implicaciones de este paso vanguardista con respecto a otros paises, en especial Estados Unidos.

Citations

... Prior to discussing the interplay of Charter and social welfare program retrenchment, it is imperative to briefly outline the main points of argumentation deployed by right-and left-wing scholars. The principal lines of right-wing criticisms of the Charter revolve around three points [3]. First, Rightwing intellectuals are under a strong impression that the Charter has expanded equality at the expense of liberty. ...
... As the country moved away from the British connection and became more skeptical of majority regulation of minority rights, there was a willingness by politicians to push for constitutional change. Identity politics began to play a much larger role, and some have argued there are "Charter groups" who have disproportionately benefited from the judicialization of politics and social policy (a classic articulation of the point can be found in KNOPFF and MORTON 2000). Very famously Trudeau announced that he was a feminist and would have a gender balanced cabinet "because it's 2015" (DITCHBURN 2015). ...
... Many of these dealt with the Charter of Rights and Freedoms. By the turn of the millennium, the Supreme Court of Canada had produced a sizeable jurisprudence that could be plumbed by scholars wanting to understand how judicial decisions are made (McCormick, 2004;Smithey, 2001;Songer and Johnson, 2007;Songer and Sinparapu, 2009;Wetstein and Ostberg, 2005), how courts have changed (or not) patterns of political behaviour and mobilization (Abu-Laban and Nieguth, 2000;Clarke, 2006;Hausegger and Riddell, 2004;Hennigar, 2004;Kelly, 2001;Morton and Allen, 2001;Scholtz, 2009;Vengroff and Morton, 2001;Webber, 2009), and how the Charter has (or has not) transformed the way in which rights are discussed, understood, and deployed as political resources (Brodie, 2001;Green, 2000;Macfarlane, 2008;M. Smith, 2002). ...
... For example, in Belgium, a change in census data concerning language use after World War II sparked the creation of a linguistic boundary (including the relocation of some communes from one province to another) that created opportunities for new conflict, eventually requiring the country to transform from a unitary to a federal structure (see Delpérée 1989;Covell 1993;Carter 2003). Constitutional politics in Canada are especially difficult given the procedural difficulty of getting the mass public to accept elite agreements (Lusztig 1994) and the sociopolitical issue of bicommunalism, with the francophone community based primarily in the province of Quebec (see Latouche 1988;Leslie 1988;Riddell and Morton 1998). ...
... The rise in gender and diversity research in the 1990s and in the 2000s in CJPS/RCSP affirmed Vickers' observation that scholars' focus on "women and sex" in the 1970s and the 1980s later gave way to gender research (2015: 760), which Vickers argued went beyond analysis of sex differences to consider how "politics and political science is gendered" and "operates 'along many interrelated dimensions … sex and sexuality, family, race and nation, work and institutionalized relations of power and violence'" (752, citing Celis et al. 2013:17). From the 1990s onwards, we found articles on gender and social movements (Bashevkin, 1995(Bashevkin, , 1996Perrault and Cardinal, 1996;Philips, 1991;Smith, 1998) and on gender, the constitution, and the courts (Dobrowolsky, 1998;Morton and Allen, 2001). ...
... When we look at Canada's development post-1982, we find that Canada has undergone a Charter revolution (Morton and Knopff, 2000;Cairns, 2003). This process has served to strengthen individual public and private autonomies and the vital links between these so that the constitutional arrangement does speak to tenets of democracy and the constitutional state. ...