Title: Constitutional Pariah: "Reference re Senate Reform" and the Future of Parliament (Landmark Cases in Canadian Law)
Publisher: University of British Columbia Press
Publication Date: 2021
Language: English
ISBN 10: 0774866225
ISBN 13: 9780774866224
Binding: Soft cover
Condition: New
Weight: 416 grams

About this title

Synopsis

Attempts to reform the Canadian Senate stalled in 2014 when the Supreme Court ruled direct parliamentary change unconstitutional. Constitutional Pariah explores both the immediate and long-term aftermath of the Reference re Senate Reform decision. Driven outside the law by the court’s ruling, Parliament enacted sweeping informal changes that effectively curbed unchecked patronage and partisanship. Emmett Macfarlane argues that this decision and parliamentary response offer a roadmap toward constitutional reform in other contexts. Indeed, Macfarlane’s sharp critique raises the specter of a frozen constitution, one unable to evolve with the country.

About the Author

Emmett Macfarlane is associate professor of political science at the University of Waterloo, the author of Governing from the Bench: The Supreme Court of Canada and the Judicial Role, and the editor of Constitutional Amendment in Canada and Policy Change, Courts, and the Canadian Constitution.

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