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. After
decades of debate about reform, 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. In its first significant attempt to articulate the
boundaries between key procedures in the constitutional amending
formula, the Court ruled out 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. Emmett Macfarlane situates this incisive
analysis within the context of the roles of the upper house, its
evolving performance, and historical efforts at reform. 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.
Les mer
Reference re Senate Reform and the Future of Parliament
Produktdetaljer
ISBN
9780774866231
Publisert
2021
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter