Can Parliament legalize same-sex marriage? Can Quebec unilaterally
secede from Canada? Can the federal government create a national
firearms registry? Each of these questions is contentious and deeply
political, and each was addressed by a court in a reference case, not
by elected policy makers. Reference cases allow governments to obtain
an advisory opinion from a court without a live dispute and opposing
litigants. There are few, if any, parameters on what governments can
ask courts in these cases, and governments often wield this power
strategically. Through a reference case, elected officials can insert
the courts and the judiciary into political debates that can be both
contentious and normative. With novel insight and analysis, Kate
Puddister argues that judicial review can help elected policy makers
achieve political ends, beyond the legal clarification provided by a
reference decision. Seeking the Court’s Advice is the first in-depth
study of the reference power, drawing on a comprehensive assessment of
over two hundred reference cases from 1875 to 2017. Puddister
demonstrates that the actual outcome of a reference case – win or
lose – is often secondary to the political benefits that can be
attained from relying on courts through the reference power.
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The Politics of the Canadian Reference Power
Produktdetaljer
ISBN
9780774861120
Publisert
2021
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter