Policy Change, Courts, and the Canadian Constitution

Edited by Emmett Macfarlane

© 2018

Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy.

While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

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Product Details

  • Division: Scholarly Publishing
  • World Rights
  • Page Count: 464 pages
  • Dimensions: 6.0in x 1.2in x 9.0in
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SKU# SP005347

  • PUBLISHED OCT 2018

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    Regular Price: $44.95

    ISBN 9781487523152
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    ISBN 9781487504120
  • PUBLISHED NOV 2018

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    Regular Price: $44.95

Quick Overview

Policy Change, Courts, and the Canadian Constitution examines the impact of courts and various constitutional provisions on a wide range of policy issues, including health care, immigration and refugee policy, citizenship, the rights of Indigenous peoples, and criminal justice policy.

Policy Change, Courts, and the Canadian Constitution

Edited by Emmett Macfarlane

© 2018

Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy.

While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

Continue Reading Read Less

Product Details

  • Division: Scholarly Publishing
  • World Rights
  • Page Count: 464 pages
  • Dimensions: 6.0in x 1.2in x 9.0in
  • Reviews

    "Policy Change, Courts, and the Canadian Constitution will enrich ongoing debates about the impact of court decisions by providing detailed empirical analysis and proposing various theoretical frameworks to think about courts, the constitution, and policy change within the Canadian context."


    Christine Rothmayr Allison, Department of Political Science, Université de Montréal

    "Policy Change, Courts, and the Canadian Constitution examines familiar constitutional cases and phenomena from a political science perspective. Legal scholars will find it an enjoyable read that challenges the way they think about the law, legislatures, and the courts."


    Michael Plaxton, College of Law, University of Saskatchewan
  • Author Information

    Emmett Macfarlane is an associate professor in the Department of Political Science at the University of Waterloo.
  • Table of contents

     

    Introduction: Judicial Policy Impact in Canada
    Emmett Macfarlane (University of Waterloo)

    PART I – Approaches and Theories of Policy Change

    Chapter 1: Lessons from Public Policy Theories: Ask About Policy Change First, Courts Second
    Minh Do (University of Toronto)

    Chapter 2: Closing a Door but Opening a Policy Window: Legislating Assisted Dying in Canada
    Dave Snow (University of Guelph) and Kate Puddister (University of Guelph)

    Chapter 3: The Supreme Court of Canada, Judicial Remedies, and Punctuated Equilibrium
    Marc Zanoni (University of Guelph)

    PART II – Institutional Contexts

    Chapter 4: The Charter, Policy, and Political Judgment
    Janet Hiebert (Queen’s University)

    Chapter 5: Collaborative Federalism and the Role of the Supreme Court of Canada
    Robert Schertzer (University of Toronto)

    Chapter 6: The Impact of Constitutional References on Institutional Reform
    Kate Glover (Western University)

    Chapter 7: The Desuetude of the Notwithstanding Clause – And How to Revive It
    Richard Albert (University of Texas at Austin)

    PART III – Policy Issues

    Chapter 8: The Charter Beat: The Impact of Rights Decisions on Canadian Policing
    Troy Riddell (University of Guelph) and Dennis Baker (University of Guelph)

    Chapter 9: Protecting Against Cruel and Unusual Punishment: Section 12 of the Charter and Mandatory Minimum Sentences
    Kate Puddister (University of Guelph)

    Chapter 10: Third Party Policy and Electoral Participation after Harper v. Canada: A Triumph of Egalitarianism?
    Erin Crandall (Acadia University) and Andrea Lawlor (Western University)

    Chapter 11: Section 23 of the Charter and Official-Language Minority Instruction in Canada: The Judiciary’s Impact and Limits in Education Policymaking
    Stéphanie Chouinard (Royal Military College of Canada)

    Chapter 12: The Charter of the French Language and the Supreme Court of Canada: Assessing Whether Constitutional Design Can Influence Policy Outcomes
    James B. Kelly (Concordia University)

    Chapter 13: When is a Citizen No Longer a Citizen? Analyzing Constructions of Citizenship in Canada’s Judicial and Legislative Forums
    Megan Gaucher (Carleton University)

    Chapter 14: Taking the Harper Government’s Refugee Policy to Court
    Chris Anderson (Wilfrid Laurier University) and Dagmar Soennecken (York University)

    Chapter 15: Carter Conflicts: The Supreme Court of Canada’s Impact on Medical Assistance in Dying Policy
    Eleni Nicolaides (University of Guelph) and Matthew Hennigar (Brock University)

    Chapter 16: Canadian Abortion Policy and the Limitations of Litigation
    Rachael Johnstone (Queen’s University)

    Chapter 17: Contrasting Visions of Indigenous Rights, Recognition, and Territory: Assessing Crown Policy in the Context of Reconciliation and Historic Obligations
    Michael McCrossan (University of New Brunswick)

    Chapter 18: After Marriage Equality: Courting Queer and Trans Rights
    Kyle Kirkup (University of Ottawa)

    Conclusion: Policy Influence and Its Limits: Assessing the Power of Courts and the Constitution
    Emmett Macfarlane (University of Waterloo)