Constitutional Pariah

Reference re Senate Reform and the Future of Parliament

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. Les mer
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Paperback
Legg i
Vår pris: 243,-

(Paperback)
Leveringstid: Sendes innen 7 virkedager

Om boka

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.

Fakta

Innholdsfortegnelse

Introduction: The Making of a Landmark Case

1 The Senate's (Unfulfilled) Roles

2 A Short History of Senate Reform

3 If at First You Don't Succeed ... The Harper Government and the Senate

4 The Decision

5 Informal Reform and a New Appointments Process: A Renewed Senate?

6 A Constitution in Stasis? Prospects and Problems for Future Constitutional Change

Conclusion: The Future of the Senate, Parliament, and Constitutional Reform

Notes; Select Bibliography; Index of Cases; Index

Om forfatteren

Emmett Macfarlane is an associate professor of political science at the University of Waterloo. His research focuses on the intersection of governance, constitutional law, and public policy. He is the author of Governing from the Bench: The Supreme Court of Canada and the Judicial Role and is the editor of Constitutional Amendment in Canada and Policy Change, Courts, and the Canadian Constitution.