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.
Автор: Macfarlane, Emmett Название: Constitutional pariah ISBN: 0774866225 ISBN-13(EAN): 9780774866224 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4508.00 р. Наличие на складе: Нет в наличии.
Описание:
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.
Автор: Macfarlane, Seth Название: Seth Macfarlane`s A Million Ways To Die ISBN: 0553391216 ISBN-13(EAN): 9780553391213 Издательство: Random House (USA) Рейтинг: Цена: 1379.00 р. Наличие на складе: Нет в наличии.
Описание: 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.
Автор: Puddister, Kate Название: Seeking the court`s advice ISBN: 0774861118 ISBN-13(EAN): 9780774861113 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4508.00 р. Наличие на складе: Нет в наличии.
Описание: 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.
Автор: MacFarlane Emmett Название: Dilemmas of Free Expression ISBN: 1487529309 ISBN-13(EAN): 9781487529307 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 5386.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In the face of contemporary controversies, Dilemmas of Free Expression presents nuanced and trenchant analyses on recent controversies, judicial decisions, and policies implicating free expression.
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