Seeking the Court’s Advice : The Politics of the Canadian Reference Power Paperback / softback
by Kate Puddister
Part of the Law and Society series
Paperback / softback
Description
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 – 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.
Seeking the Court’s Advice is the first in-depth study of the reference power, drawing on over two hundred reference cases from 1875 to 2017.
With novel insight and analysis, Kate 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.
Information
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Available to Order - This title is available to order, with delivery expected within 2 weeks
- Format:Paperback / softback
- Pages:290 pages, 3 charts, 8 tables
- Publisher:University of British Columbia Press
- Publication Date:15/11/2019
- Category:
- ISBN:9780774861113
Other Formats
- Hardback from £76.19
Information
-
Available to Order - This title is available to order, with delivery expected within 2 weeks
- Format:Paperback / softback
- Pages:290 pages, 3 charts, 8 tables
- Publisher:University of British Columbia Press
- Publication Date:15/11/2019
- Category:
- ISBN:9780774861113