Policy Change, Courts, and the Canadian Constitution / Emmett Macfarlane.

Format:

Book

Contributor:

Macfarlane, Emmett, editor.

Language:

English

Subjects (All):

Social legislation--Canada.

Social legislation.

Sociological jurisprudence--Canada.

Sociological jurisprudence.

Constitutional law--Canada.

Constitutional law.

Courts--Canada.

Courts.

Canada--Social policy.

Canada.

Physical Description:

1 online resource (464 pages)

Place of Publication:

Toronto : University of Toronto Press, [2018]

Language Note:

In English.

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, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

Contents:

Frontmatter

Contents

Acknowledgments

Introduction: Judicial Policy Impact in Canada / Macfarlane, Emmett

Part One: Approaches and Theories of Policy Change

1. Lessons from Public Policy Theories: Ask about Policy Change First, Courts Second / Do, Minh

2. Closing a Door but Opening a Policy Window: Legislating Assisted Dying in Canada / Snow, Dave / Puddister, Kate

3. The Supreme Court of Canada, Judicial Remedies, and Punctuated Equilibrium / Zanoni, Marc

Part Two: Institutional Contexts

4. The Charter, Policy, and Political Judgment / Hiebert, Janet L.

5. Collaborative Federalism and the Role of the Supreme Court of Canada / Schertzer, Robert

6. The Impact of Constitutional References on Institutional Reform / Berger, Kate Glover

7. The Desuetude of the Notwithstanding Clause - and How to Revive It / Albert, Richard

Part Three: Policy Issues

8. The Charter Beat: The Impact of Rights Decisions on Canadian Policing / Riddell, Troy / Baker, Dennis

9. Protecting against Cruel and Unusual Punishment: Section 12 of the Charter and Mandatory Minimum Sentences / Puddister, Kate

10. Third Party Policy and Electoral Participation after Harper v. Canada: A Triumph of Egalitarianism? / Crandall, Erin / Lawlor, Andrea

11. Section 23 of the Charter and Official-Language Minority Instruction in Canada: The Judiciary's Impact and Limits in Education Policymaking / Chouinard, Stéphanie

12. The Charter of the French Language and the Supreme Court of Canada: Assessing Whether Constitutional Design Can Influence Policy Outcomes / Kelly, James B.

13. When Is a Citizen No Longer a Citizen? Analysing Constructions of Citizenship in Canada's Judicial and Legislative Forums / Gaucher, Megan

14. Taking the Harper Government's Refugee Policy to Court / Anderson, Christopher G. / Soennecken, Dagmar

15. Carter Conflicts: The Supreme Court of Canada's Impact on Medical Assistance in Dying Policy / Nicolaides, Eleni / Hennigar, Matthew

16. Canadian Abortion Policy and the Limitations of Litigation / Johnstone, Rachael

17. Contrasting Visions of Indigenous Rights, Recognition, and Territory: Assessing Crown Policy in the Context of Reconciliation and Historic Obligations / Mccrossan, Michael

18. After Marriage Equality: Courting Queer and Trans Rights / Kirkup, Kyle

Conclusion: Policy Influence and Its Limits − Assessing the Power of Courts and the Constitution / Macfarlane, Emmett

Selected Bibliography

Contributors

Index

Notes:

Description based on online resource; title from PDF title page (publisher's Web site, viewed 30. Apr 2019)

ISBN:

1-4875-1949-4

1-4875-1948-6

OCLC:

1076270734