Policy Change Courts And The Canadian Constitution

Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 461 pages
File Size : 48,6 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487523152

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Policy Change, Courts, and the Canadian Constitution by Emmett Macfarlane Pdf

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.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 45,5 Mb
Release : 2013
Category : History
ISBN : 9780774823500

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Governing from the Bench by Emmett Macfarlane Pdf

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.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 228 pages
File Size : 43,9 Mb
Release : 2021-04-01
Category : Law
ISBN : 9780774866248

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Constitutional Pariah by Emmett Macfarlane Pdf

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.

Author : Kate Puddister,Emmett Macfarlane
Publisher : UBC Press
Page : 521 pages
File Size : 52,5 Mb
Release : 2022-12-01
Category : Political Science
ISBN : 9780774867948

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Constitutional Crossroads by Kate Puddister,Emmett Macfarlane Pdf

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.

Author : Institute for Research on Public Policy
Publisher : McGill-Queen's Press - MQUP
Page : 348 pages
File Size : 52,9 Mb
Release : 2001
Category : Political Science
ISBN : 9780773521315

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Judicial Power and Canadian Democracy by Institute for Research on Public Policy Pdf

Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.

Author : W.R. Lederman
Publisher : McGill-Queen's Press - MQUP
Page : 258 pages
File Size : 47,9 Mb
Release : 1964-01-01
Category : Law
ISBN : 9780773595040

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The Courts and the Canadian Constitution by W.R. Lederman Pdf

Author : Donald E. Abelson,Patrick James,Michael Lusztig
Publisher : McGill-Queen's Press - MQUP
Page : 272 pages
File Size : 40,7 Mb
Release : 2002
Category : History
ISBN : 9780773524347

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Myth of the Sacred by Donald E. Abelson,Patrick James,Michael Lusztig Pdf

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.

Author : Frederick Lee Morton
Publisher : Calgary : University of Calgary Press
Page : 516 pages
File Size : 44,8 Mb
Release : 1992
Category : Canada
ISBN : UOM:39076001314595

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Law, Politics and the Judicial Process in Canada by Frederick Lee Morton Pdf

Author : Frederick Lee Morton
Publisher : University of Calgary Press
Page : 673 pages
File Size : 50,8 Mb
Release : 2002
Category : Canada
ISBN : 9781552380468

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Law, Politics and the Judicial Process in Canada by Frederick Lee Morton Pdf

Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. Law, Politics and the Judicial Process in Canada features new introductions and new readings that deal with current issues in the realm of Canadian law and politics.

Author : Adam Dodek
Publisher : Dundurn
Page : 200 pages
File Size : 53,5 Mb
Release : 2016-10-22
Category : Political Science
ISBN : 9781459735057

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The Canadian Constitution by Adam Dodek Pdf

The Hill Times: Best Books of 2016 A new, expanded edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982 accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works, and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index so far to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This revised and expanded edition is a great primer for those coming to Canada’s Constitution for the first time, and a useful reference work for students and scholars.

Author : Kate Puddister
Publisher : UBC Press
Page : 290 pages
File Size : 51,6 Mb
Release : 2019-05-01
Category : Law
ISBN : 9780774861137

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Seeking the Court’s Advice by Kate Puddister Pdf

Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.

Author : Stephen L. Newman
Publisher : State University of New York Press
Page : 291 pages
File Size : 41,6 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791485842

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Constitutional Politics in Canada and the United States by Stephen L. Newman Pdf

Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.

Author : Robert Schertzer
Publisher : University of Toronto Press
Page : 352 pages
File Size : 46,5 Mb
Release : 2016-05-09
Category : Law
ISBN : 9781487510633

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The Judicial Role in a Diverse Federation by Robert Schertzer Pdf

In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada’s Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.

Author : Ivan Bernier,Andrée Lajoie,Royal Commission on the Economic Union and Development Prospects for Canada
Publisher : Unknown
Page : 242 pages
File Size : 45,6 Mb
Release : 1986
Category : Canada
ISBN : UCAL:B4176245

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The Supreme Court of Canada as an Instrument of Political Change by Ivan Bernier,Andrée Lajoie,Royal Commission on the Economic Union and Development Prospects for Canada Pdf

Author : Richard Albert,David R. Cameron
Publisher : Cambridge University Press
Page : 483 pages
File Size : 41,7 Mb
Release : 2017-11-02
Category : Law
ISBN : 9781108419734

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Canada in the World by Richard Albert,David R. Cameron Pdf

Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.