Legislating under the Charter : parliament, executive power, and rights / Emmett Macfarlane, Janet L. Hiebert, and Anna Drake.
2023
KE4248 .M33 2023
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Details
Author
Title
Legislating under the Charter : parliament, executive power, and rights / Emmett Macfarlane, Janet L. Hiebert, and Anna Drake.
Imprint
Toronto, Buffalo, London : University of Toronto Press, [2023]
Copyright
©2023
Description
255 pages ; 24 cm
Formatted Contents Note
Introduction
Institutional relationships and executive dominance
Charter "vetting" : analysing bureaucratic and executive assessments of rights compatibility
The legislative process and Charter rights : criminal justice policy and the Harper government
Legislative responses under the Charter : harm reduction and drug policy
Legislative responses under the Charter : sex work policy
Legislative responses under the Charter : medical assistance in dying policy
Transparency, accountability, and robust legislative scrutiny on rights : possibilities for reform?
Conclusion.
Institutional relationships and executive dominance
Charter "vetting" : analysing bureaucratic and executive assessments of rights compatibility
The legislative process and Charter rights : criminal justice policy and the Harper government
Legislative responses under the Charter : harm reduction and drug policy
Legislative responses under the Charter : sex work policy
Legislative responses under the Charter : medical assistance in dying policy
Transparency, accountability, and robust legislative scrutiny on rights : possibilities for reform?
Conclusion.
Summary
"Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical aid in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available Note
Issued also in electronic format.
Available in Other Form
Online version: Macfarlane, Emmett. Legislating under the Charter. Toronto ; Buffalo ; London : University of Toronto Press, 2023
Call Number
KE4248 .M33 2023
Language
English
ISBN
1487552440
9781487552442 (cloth)
9781487554538 (paper)
1487554532
9781487556105 (PDF)
1487556101
9781487558178 (EPUB)
1487558171
9781487552442 (cloth)
9781487554538 (paper)
1487554532
9781487556105 (PDF)
1487556101
9781487558178 (EPUB)
1487558171
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