Seeking the Court's Advice: The Politics of the Canadian Reference Power - Couverture souple

Puddister, Kate

Couverture souple

ISBN 10 : 0774861118 ISBN 13 : 9780774861113

Editeur : University of British Columbia Press, 2019

Synopsis

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.

A propos du livre

À propos de l'auteur

Kate Puddister is an assistant professor in the Department of Political Science at the University of Guelph. She has written on a wide range of topics related to law and politics, Canadian politics, and criminal justice policy. Her work has appeared in the Canadian Journal of Law and Society, Canadian Public Administration, and Publius: The Journal of Federalism.

Détails de l'édition

• Éditeur: University of British Columbia Press
• Date d'édition: 2019
• Langue: anglais
• ISBN 10: 0774861118
• ISBN 13: 9780774861113
• Reliure: Broché
• Nombre de pages: 290
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible