Seeking the Court's Advice : The Politics of the Canadian Reference Power / Kate Puddister.
2019
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Details
Title
Seeking the Court's Advice : The Politics of the Canadian Reference Power / Kate Puddister.
Imprint
Vancouver ; Toronto : University of British Columbia Press, [2019]
Copyright
©2019
Description
1 online resource (290 p.) : 3 charts, 8 tables.
Series
Law and Society.
Formatted Contents Note
Front Matter
Contents
Illustrations
Acknowledgments
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 the Delegation of Decision Making
Conclusion: A Legal Solution to Political Problems
Canadian Reference Legislation
Reference Case List
Notes
References
Index
Contents
Illustrations
Acknowledgments
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 the Delegation of Decision Making
Conclusion: A Legal Solution to Political Problems
Canadian Reference Legislation
Reference Case List
Notes
References
Index
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 - 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. Seeking the Court's Advice is the first in-depth study of the reference power, drawing on over two hundred reference cases from 1875 to 2017. With novel insight and analysis, Kate 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.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Mrz 2024)
Location
www
In
Title is part of eBook package: ACUP Complete eBook-Package 2019 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2019 De Gruyter
Title is part of eBook package: University of British Columbia Complete eBook-Package 2019 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2019 De Gruyter
Title is part of eBook package: University of British Columbia Complete eBook-Package 2019 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780774861120
Record Appears in