Social Movements and Judicial Empowerment: Courts, Public Policy, and Lesbian and Gay Organizing in Canada

@article{Smith2005SocialMA,
  title={Social Movements and Judicial Empowerment: Courts, Public Policy, and Lesbian and Gay Organizing in Canada},
  author={Miriam O. Smith},
  journal={Politics \& Society},
  year={2005},
  volume={33},
  pages={327 - 353}
}
  • Miriam O. Smith
  • Published 1 June 2005
  • Political Science, Law
  • Politics & Society
This article explores the impact of judicial empowerment on social movement politics and public policy using a case study of the lesbian and gay rights movement in Canada before and after the 1982 constitutional entrenchment of the Canadian Charter of Rights and Freedoms. The expanded role of courts in the Canadian political system has had substantial effects on public policy in the lesbian and gay rights area over a twenty-year period, putting Canada in the forefront of this area of human… 
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References

SHOWING 1-10 OF 59 REFERENCES
Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization
What role has litigation played in the struggle for equal pay between women and men? This book explains how wage discrimination battles have raised public legal consciousness and helped reform…
Judicial Power and the Charter: Canada and the Paradox of Liberal Constitutionalism
Acknowledgements. Introduction. Part I: Judicial Review and Constitutional Interpretation. 1: Judicial Review and the Paradox of Liberal Constitutionalism. 2: The Dimensions of Constitutional…
Constructing Lesbian and Gay Rights
Abstract Lesbian and gay rights are argued as rights to privacy, rights to protection from violence, rights to equality as individuals, rights to equality as family units, rights of minorities or as…
The Charter Revolution and the Court Party
Part I: Introduction The Charter Revolution The Role of Judges The Court Party Part II: Judges and the Charter Judicial Discretion Core Values Textual Innovations Original Intent, Traditional…
AIDS Activism and the State in Canada
The AIDS epidemic, which began in the 1980s and took more than 3000 lives by the end of 1991, posed enormous challenges for Canada's gay and lesbian communities. The spread of the disease provided a…
Legal Recognition of Same-Sex Partnerships: A Study of National, European and International Law
Same sex relationships - an Australian perspective on a global issue, The Hon. Justice Michael Kirby AC CMG, High Court of Australia. Part 1 Theoretical perspectives: introduction - theoretical…
Court to Court
Leave aside the question whether the indication of provisional measures by the International Court of Justice in the Breard case was binding on the United States as a matter of international or…
The Defense of Marriage Act and American Exceptionalism: The "Gay Marriage" Panic in the United States
SI N C E 1995, when Utah passed the first law of its kind, thirty-seven states and the federal government have moved rapidly to legislate bans against something that does not, in fact, exist in the…
From Same-Sex to No Sex? Trends Towards Recognition of (Same-Sex) Relationships in Canada
This article questions the terms on which groups that have traditionally been treated as "other" in modern societies (e.g. lesbians and gay men) are eventually included into the dominant system. It…
Rainbow Rights: The Role of Lawyers and Courts in the Lesbian and Gay Civil Rights Movement
* Introduction * Why Rainbow Rights? * Making "Rights" Arguments * Courts Versus Legislatures * Organization of This Book * 1. Earlier Civil Rights Movements: Lessons to Be Learned * Civil Rights…
...
...