Policy Change, Courts, and the Canadian Constitution

Policy Change, Courts, and the Canadian Constitution
Author: Emmett Macfarlane
Publisher: University of Toronto Press
Total 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.

Canada in the World

Canada in the World
Author: Richard Albert
Publisher: Cambridge University Press
Total Pages: 483
Release: 2018
Genre: Law
ISBN: 1108419739

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.

The Canadian Constitution

The Canadian Constitution
Author: Adam Dodek
Publisher: Dundurn
Total Pages: 159
Release: 2016-10-22
Genre: Political Science
ISBN: 1459735056

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.

The Oxford Handbook of the Canadian Constitution

The Oxford Handbook of the Canadian Constitution
Author: Peter Crawford Oliver
Publisher: Oxford University Press
Total Pages: 1169
Release: 2017
Genre: Law
ISBN: 0190664819

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Governing from the Bench

Governing from the Bench
Author: Emmett Macfarlane
Publisher: UBC Press
Total 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.

The Myth of the Sacred

The Myth of the Sacred
Author: Donald E. Abelson
Publisher: McGill-Queen's Press - MQUP
Total Pages: 276
Release: 2002
Genre: History
ISBN: 9780773524354

In this collection the authors challenge the "myth of the sacred" - the idea that certain aspects of the constitutional process - judicial political behaviour, interest group politics, and centralization of power - are untouchable politically. They suggest that certain actors and institutions have contributed to a myth about the normative basis of Canadian constitutional politics, a myth perpetuated through the popular media as well as much of the scholarly literature. Such actors often disguise their overtly political behavior with a cloak of impartiality, presenting their actions as furthering the public good and therefore immune to challenge. The Myth of the Sacred seeks to challenge this ideal. At its core this myth embodies the Trudeauian ideal of Canadian society - one that features a constitution that empowers impartial judges at the expense of politically motivated legislators; one that allows each individual to enjoy a uniform range of rights, freedoms, and means of belonging to the larger Canadian society; and one that seeks to ensure the primacy of the national government rather than the provincial. Trudeau called his vision the Just Society. But justice is an illusive and amorphous concept. Defining it, much less institutionalizing it, is fraught with risk. In modern liberal democracies, justice is typically understood as the product of some mix of liberty and equality, process and substance, with the amount of each component varying according to taste. It is not unusual for political actors to seek to institutionalize their own formulas for justice, but it is also not reasonable to expect these formulas to go unchallenged. Such a challenge represents the dominant theme of this volume. Contributors include Donald E. Abelson, Tom Flanagan (University of Calgary), Patrick James, James B. Kelly (Brock University), Michael Lusztig, Christopher P. Manfredi (McGill University), Hudson Meadwell (McGill University), Anthony A. Peacock (Utah State University), Mark Rush (Washington and Lee University), and Shannon I. Smithey (Kent State University).