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Constitutional Pariah - Reference re Senate Reform and the Future of Parliament (Paperback)
Loot Price: R689
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Constitutional Pariah - Reference re Senate Reform and the Future of Parliament (Paperback)
Series: Landmark Cases in Canadian Law
Expected to ship within 12 - 17 working days
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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.
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