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Policy change, courts, and the Canadian Constitution

Author: Emmett Macfarlane
Publisher: Toronto : University of Toronto Press, [2018]
Edition/Format:   Print book : EnglishView all editions and formats
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,  Read more...
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Document Type: Book
All Authors / Contributors: Emmett Macfarlane
ISBN: 1487523157 9781487523152 9781487504120 1487504128
OCLC Number: 1089016233
Notes: Comprend un index.
Description: ix, 448 pages ; 24 cm
Contents: 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 influence and its limits : assessing the power of courts and the Constitution.
Responsibility: edited by Emmett Macfarlane.

Abstract:

Policy Change, Courts, and the Canadian Constitution examines the impact of courts and various constitutional provisions on a wide range of policy issues, including health care, immigration and  Read more...

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"Why, when, and how courts make policy is not only grist for law faculties and practitioners. Public policy effects change in Canada - and occasionally that change is truly uncharted...The questions Read more...

 
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