R. v. R.D.S.: A Political Science Perspective

Political scientists, including those who study Canadian government and politics, regard the judiciary as a component of the system of governance as a whole. They view it as an institution in relation to other institutions. Thus in The Judiciary in Canada: The Third Branch of Government, Peter Russell examines such issues as the structure of the judiciary in the federal system, the separation of powers and judicial independence, and the appointment, promotion and removal of judges.' As well, political scientists follow the development of the law itself, in areas of peculiar relevance to political life, like electoral law, or of general relevance, like public law. At first glance, the Supreme Court of Canada's decision in R.D.S. v. R.1 seems to fall into neither of these categories. Why, then, should it interest political scientists?