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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
"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.


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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