Constitutional pariah : reference re senate reform and the future of parliament
Author(s)
Bibliographic Information
Constitutional pariah : reference re senate reform and the future of parliament
（Landmark cases in Canadian law）
UBC Press, c2021
- : hardcover
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Note
Includes bibliographical references (p. 198-204) and indexes
Description and Table of Contents
Description
The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits.
Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship.
Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane's sharp critique suggests that the Court's nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Table of Contents
- Introduction: The Making of a Landmark Case 1 The Senate's (Unfulfilled) Roles 2 A Short History of Senate Reform 3 If at First You Don't Succeed ... The Harper Government and the Senate 4 The Decision 5 Informal Reform and a New Appointments Process: A Renewed Senate? 6 A Constitution in Stasis? Prospects and Problems for Future Constitutional Change Conclusion: The Future of the Senate, Parliament, and Constitutional Reform Notes
- Select Bibliography
- Index of Cases
- Index
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