Policy change, courts, and the Canadian constitution

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書誌事項

Policy change, courts, and the Canadian constitution

edited by Emmett Macfarlane

University of Toronto Press, c2018

  • : pbk

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注記

Includes bibliographical references (p. [413]-433) and index

内容説明・目次

内容説明

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.

目次

Introduction: Judicial Policy Impact in Canada Emmett Macfarlane (University of Waterloo) PART I - Approaches and Theories of Policy Change Chapter 1: Lessons from Public Policy Theories: Ask About Policy Change First, Courts Second Minh Do (University of Toronto) Chapter 2: Closing a Door but Opening a Policy Window: Legislating Assisted Dying in Canada Dave Snow (University of Guelph) and Kate Puddister (University of Guelph) Chapter 3: The Supreme Court of Canada, Judicial Remedies, and Punctuated Equilibrium Marc Zanoni (University of Guelph) PART II - Institutional Contexts Chapter 4: The Charter, Policy, and Political Judgment Janet Hiebert (Queen's University) Chapter 5: Collaborative Federalism and the Role of the Supreme Court of Canada Robert Schertzer (University of Toronto) Chapter 6: The Impact of Constitutional References on Institutional Reform Kate Glover (Western University) Chapter 7: The Desuetude of the Notwithstanding Clause - And How to Revive It Richard Albert (University of Texas at Austin) PART III - Policy Issues Chapter 8: The Charter Beat: The Impact of Rights Decisions on Canadian Policing Troy Riddell (University of Guelph) and Dennis Baker (University of Guelph) Chapter 9: Protecting Against Cruel and Unusual Punishment: Section 12 of the Charter and Mandatory Minimum Sentences Kate Puddister (University of Guelph) Chapter 10: Third Party Policy and Electoral Participation after Harper v. Canada: A Triumph of Egalitarianism? Erin Crandall (Acadia University) and Andrea Lawlor (Western University) Chapter 11: Section 23 of the Charter and Official-Language Minority Instruction in Canada: The Judiciary's Impact and Limits in Education Policymaking Stephanie Chouinard (Royal Military College of Canada) Chapter 12: The Charter of the French Language and the Supreme Court of Canada: Assessing Whether Constitutional Design Can Influence Policy Outcomes James B. Kelly (Concordia University) Chapter 13: When is a Citizen No Longer a Citizen? Analyzing Constructions of Citizenship in Canada's Judicial and Legislative Forums Megan Gaucher (Carleton University) Chapter 14: Taking the Harper Government's Refugee Policy to Court Chris Anderson (Wilfrid Laurier University) and Dagmar Soennecken (York University) Chapter 15: Carter Conflicts: The Supreme Court of Canada's Impact on Medical Assistance in Dying Policy Eleni Nicolaides (University of Guelph) and Matthew Hennigar (Brock University) Chapter 16: Canadian Abortion Policy and the Limitations of Litigation Rachael Johnstone (Queen's University) Chapter 17: Contrasting Visions of Indigenous Rights, Recognition, and Territory: Assessing Crown Policy in the Context of Reconciliation and Historic Obligations Michael McCrossan (University of New Brunswick) Chapter 18: After Marriage Equality: Courting Queer and Trans Rights Kyle Kirkup (University of Ottawa) Conclusion: Policy Influence and Its Limits: Assessing the Power of Courts and the Constitution Emmett Macfarlane (University of Waterloo)

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