Policy Change, Courts, and the Canadian Constitution
Title | Policy Change, Courts, and the Canadian Constitution PDF eBook |
Author | Emmett Macfarlane |
Publisher | University of Toronto Press |
Pages | 461 |
Release | 2018-01-01 |
Genre | Law |
ISBN | 1487523157 |
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Constitutional Pariah
Title | Constitutional Pariah PDF eBook |
Author | Emmett Macfarlane |
Publisher | UBC Press |
Pages | 228 |
Release | 2021-04-01 |
Genre | Law |
ISBN | 0774866241 |
The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Policy Change, Courts, and the Canadian Constitution
Title | Policy Change, Courts, and the Canadian Constitution PDF eBook |
Author | Emmett Macfarlane |
Publisher | University of Toronto Press |
Pages | 461 |
Release | 2018-11-23 |
Genre | Political Science |
ISBN | 1487519494 |
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Constitutional Crossroads
Title | Constitutional Crossroads PDF eBook |
Author | Kate Puddister |
Publisher | UBC Press |
Pages | 521 |
Release | 2022-12-01 |
Genre | Political Science |
ISBN | 0774867949 |
Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.
Myth of the Sacred
Title | Myth of the Sacred PDF eBook |
Author | Donald E. Abelson |
Publisher | McGill-Queen's Press - MQUP |
Pages | 272 |
Release | 2002 |
Genre | Law |
ISBN | 0773524347 |
A critical look at the interaction of constitutional litigation and politics in Canada following the entrenchment of the Canadian Charter of Rights and Freedoms in 1982.
The Courts and the Canadian Constitution
Title | The Courts and the Canadian Constitution PDF eBook |
Author | W.R. Lederman |
Publisher | McGill-Queen's Press - MQUP |
Pages | 258 |
Release | 1964-01-01 |
Genre | Law |
ISBN | 077359504X |
Governing from the Bench
Title | Governing from the Bench PDF eBook |
Author | Emmett Macfarlane |
Publisher | UBC Press |
Pages | 266 |
Release | 2013 |
Genre | History |
ISBN | 077482350X |
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.