Policy change, courts, and the Canadian Constitution / edited by Emmett Macfarlane.
2018
KC203 .P65 2018
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Details
Title
Policy change, courts, and the Canadian Constitution / edited by Emmett Macfarlane.
Added Author
Imprint
Toronto ; Buffalo : University of Toronto Press, [2018]
Description
ix, 448 pages ; 24 cm
Formatted Contents Note
Introduction: Judicial policy impact in Canada / Emmet Macfarlane
Lessons from public policy theories : ask about policy change first, courts second / Minh Do
Closing a door but opening a policy window : legislating assisted dying in Canada / Dave Snow and Kate Puddister
The Supreme Court of Canada, judicial remedies, and punctuated equilibrium / Marc Zanoni
The Charter, policy, and political judgment / Janet L. Hiebert
Collaborative federalism and the role of the Supreme Court of Canada / Robert Schertzer
The impact of constitutional references on institutional reform / Kate Glover Berger
The desuetude of the notwithstanding clause
and how to revive it / Richard Albert
The Charter beat : the impact of rights decisions on Canadian policing / Troy Riddell and Dennis Baker
Protecting against cruel and unusual punishment : Section 12 of the Charter and mandatory minimum sentences / Kate Puddister
Third party policy and electoral participation after Harper v. Canada : a triumph of egalitarianism? / Erin Crandall and Andrea Lawlor
Section 23 of the Charter and official-language minority instruction in Canada : the judiciary's impact and limits in education policymaking / Stéphanie Chouinard
The Charter of the French language and the Supreme Court of Canada : assessing whether constitutional design can influence policy outcomes / James B. Kelly
When is a citizen no longer a citizen? Analysing constructions of citizenship in Canada's judicial and legislative forums / Megan Gaucher
Taking the Harper government's refugee policy to court / Christopher G. Anderson and Dagmar Soennecken
Carter conflicts : the Supreme Court of Canada's impact on medical assistance in dying policy / Eleni Nicolaides and Matthew Hennigar
Canadian abortion policy and the limitations of litigation / Rachael Johnstone
Contrasting visions of Indigenous rights, recognition, and territory : assessing Crown policy in the context of reconciliation and historic obligations / Michael McCrossan
After marriage equality : courting queer and trans rights / Kyle Kirkup
Conclusion. Policy influence and its limits : assessing the power of courts and the Constitution.
Lessons from public policy theories : ask about policy change first, courts second / Minh Do
Closing a door but opening a policy window : legislating assisted dying in Canada / Dave Snow and Kate Puddister
The Supreme Court of Canada, judicial remedies, and punctuated equilibrium / Marc Zanoni
The Charter, policy, and political judgment / Janet L. Hiebert
Collaborative federalism and the role of the Supreme Court of Canada / Robert Schertzer
The impact of constitutional references on institutional reform / Kate Glover Berger
The desuetude of the notwithstanding clause
and how to revive it / Richard Albert
The Charter beat : the impact of rights decisions on Canadian policing / Troy Riddell and Dennis Baker
Protecting against cruel and unusual punishment : Section 12 of the Charter and mandatory minimum sentences / Kate Puddister
Third party policy and electoral participation after Harper v. Canada : a triumph of egalitarianism? / Erin Crandall and Andrea Lawlor
Section 23 of the Charter and official-language minority instruction in Canada : the judiciary's impact and limits in education policymaking / Stéphanie Chouinard
The Charter of the French language and the Supreme Court of Canada : assessing whether constitutional design can influence policy outcomes / James B. Kelly
When is a citizen no longer a citizen? Analysing constructions of citizenship in Canada's judicial and legislative forums / Megan Gaucher
Taking the Harper government's refugee policy to court / Christopher G. Anderson and Dagmar Soennecken
Carter conflicts : the Supreme Court of Canada's impact on medical assistance in dying policy / Eleni Nicolaides and Matthew Hennigar
Canadian abortion policy and the limitations of litigation / Rachael Johnstone
Contrasting visions of Indigenous rights, recognition, and territory : assessing Crown policy in the context of reconciliation and historic obligations / Michael McCrossan
After marriage equality : courting queer and trans rights / Kyle Kirkup
Conclusion. Policy influence and its limits : assessing the power of courts and the Constitution.
Summary
"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."--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 413-433) and index.
Call Number
KC203 .P65 2018
Language
English
ISBN
9781487523152 (paper)
9781487504120 (cloth : acid-free paper)
1487523157
1487504128
9781487504120 (cloth : acid-free paper)
1487523157
1487504128
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