Constitutional Pariah: Reference re Senate Reform and the Future of Parliament (Landmark Cases in Canadian Law) - Softcover

Macfarlane, Emmett

Softcover

ISBN 10: 0774866225 ISBN 13: 9780774866224

Publisher: UBC Press, 2021

Synopsis

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. 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, which barred 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.

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.

About this title

About the Author

Emmett Macfarlane is an associate professor of political science at the University of Waterloo. His research focuses on the intersection of governance, constitutional law, and public policy. He is the author of Governing from the Bench: The Supreme Court of Canada and the Judicial Role and is the editor of Constitutional Amendment in Canada and Policy Change, Courts, and the Canadian Constitution.

Edition details

• Publisher: UBC Press
• Publication date: 2021
• Language: English
• ISBN 10: 0774866225
• ISBN 13: 9780774866224
• Binding: Paperback
• Number of pages: 198