The judicial role in a diverse federation : lessons from the Supreme Court of Canada / Robert Schertzer.
2016
KC210 .S34 2016
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Title
The judicial role in a diverse federation : lessons from the Supreme Court of Canada / Robert Schertzer.
Imprint
Toronto ; Buffalo ; London : University of Toronto Press, 2016.
Description
vi, 338 pages ; 24 cm
Formatted Contents Note
The "problem" of national minorities and the "solution" of federalism
The role of the federal arbiter in a diverse federation
Investigating the SCC's federalism jurisprudence
The exemplar of the Seccession Reference
The SCC's imposing federalism jurisprudence
A federalism jurisprudence of recognition.
The role of the federal arbiter in a diverse federation
Investigating the SCC's federalism jurisprudence
The exemplar of the Seccession Reference
The SCC's imposing federalism jurisprudence
A federalism jurisprudence of recognition.
Summary
"In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada's Supreme Court and for those engaged in broader debates about the use of federalism in multinational states."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
RM135
Call Number
KC210 .S34 2016
Language
English
ISBN
9781487500283
1487500289
1487500289
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