"Rights and Parliamentary Systems in Canada and Beyond is an excellent collection, and the contributors are well versed in the relevant literatures. The volume features an excellent mix of established and early-career scholars, along with students doing interesting work alongside faculty. I particularly liked how the volume pushes the idea of rights-based review into new territory as well as the more empirically-oriented chapters. These essays, and the volume as a whole, represent significant additions to the literature."
- Matthew Hennigar, Associate Professor of Political Science, Brock University,
"Rights and Parliamentary Systems in Canada and Beyond is an excellent volume that will make a mark. All of the chapters are of an exceptionally high standard, and the volume as a whole serves as a remarkable reference on the relationship between courts, political institutions, and constitutional bills of rights. The volume’s contribution stems in no small part from its ability to provide a range of theoretical and empirical studies on the role and contestation of rights in Parliamentary democracies, with a particular focus on Canada."
- Robert Schertzer, Associate Professor of Political Science, University of Toronto,
This interdisciplinary volume offers valuable, in-depth analyses of timely issues, cases, and controversies involving rights and institutional dynamics. The book employs an array of methods, including legal analysis, qualitative case studies, content analysis, legal theory, research interviews, and policy analysis.
With a forward-looking perspective, Rights and Parliamentary Systems in Canada and Beyond investigates how rights-based processes influence specific policies and offers new insights into the framing of rights, including administrative law and Aboriginal treaty rights during the COVID-19 pandemic. It also explores how aspects of parliamentary democracy affect governments, legislators, and the public. The book ultimately reveals how the institutional relationships at stake operate to protect – or fail to protect – rights in relation to government policy objectives.
Introduction: Governing with Rights
Emmett Macfarlane
1. Rights and the Law’s Progressive Measures
Grégoire Webber
2. An Honourable Parliament? Section 35 and Legislative Rights Review
Minh Do
3. Limiting Charter Rights: Judicial Review in the Administrative Context
Gwyneth E. Bergman
4. Before We Go to War: Human Rights and the Prerogative Power
George Williams and Winsome Hall
5. A Culture of Rights or Governing like Judges?: Assessing the Trudeau Government’s Use of Charter Statements
Brendan Dell and Mark S. Harding
6. The Notwithstanding Clause and National Unity in a Time of Interculturalism
Andrew McDougall
7. Rights Talk and the COVID-19 Pandemic
Nancy Hills and Emmett Macfarlane
8. The Political Changes and Challenges to Third Party Election Advertising in Canada
Andrea Lawlor and Erin Crandall
9. Understanding the Pre-Election: An Analysis of Third Party Spending in the 2019 Federal Election
Tamara A. Small
10. Courts and Parliament: Defining Police Powers
Troy Riddell
11. Consequences of Weak Parliamentary Rights Review: A Study of Harper-Era Mandatory Minimum Sentencing
Brendan Dell and Kate Puddister
12. Enhancing Legislative Review: A New Voice for the Legislature
Chris McCorkindale and Janet Hiebert
Contributors
Selected Bibliography
Index
Produktdetaljer
Biografisk notat
Emmett Macfarlane is a professor in the Department of Political Science at the University of Waterloo.