Seeking the court's advice : the politics of the Canadian reference power / Kate Puddister.
2019
KE4775 .P83 2019
Available at Room 135
(request to retrieve)
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Title
Seeking the court's advice : the politics of the Canadian reference power / Kate Puddister.
Imprint
Vancouver, BC : UBC Press, [2019]
Copyright
©2019
Description
xii, 277 pages ; 23 cm
Formatted Contents Note
Introduction. Reference cases as a mix of law and politics
Origins and implications of the reference power
Contestation and reference cases
Routine politics and nonroutine litigation : references after 1949
"It's always a little bit of politics" : why governments ask reference questions
Why not refer everything? The Padlock Act and blasphemy
Seeking the court's advice and delegation of decision making
Conclusion. A legal solution to political problems.
Appendix A. Canadian reference legislation
Appendix B. Reference case list.
Origins and implications of the reference power
Contestation and reference cases
Routine politics and nonroutine litigation : references after 1949
"It's always a little bit of politics" : why governments ask reference questions
Why not refer everything? The Padlock Act and blasphemy
Seeking the court's advice and delegation of decision making
Conclusion. A legal solution to political problems.
Appendix A. Canadian reference legislation
Appendix B. Reference case list.
Summary
"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 and opposing litigants. There are few, if any, parameters on what governments can ask courts in these cases, and governments often wield this power strategically. Through a reference case, elected officials can insert the courts and the judiciary into political debates that can be both contentious and normative. With novel insight and analysis, Kate Puddister argues that judicial review can help elected policy makers achieve political ends, beyond the legal clarification provided by a reference decision. Seeking the Court's Advice is the first in-depth study of the reference power, drawing on a comprehensive assessment of over two hundred reference cases from 1875 to 2017. Puddister demonstrates 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."--Page 4 de la couverture.
Bibliography, etc. Note
Comprend des références bibliographiques : pages 254-267
Call Number
KE4775 .P83 2019
Language
English
ISBN
9780774861113
0774861118
0774861118
Record Appears in