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The Judicial Role in a Diverse Federation - Lessons from the Supreme Court of Canada (Hardcover)
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The Judicial Role in a Diverse Federation - Lessons from the Supreme Court of Canada (Hardcover)
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In The Judicial Role in a Diverse Federation, Robert Schertzer uses
the example of the Supreme Court of Canada to examine how apex
courts manage diversity and conflict in federal states. Schertzer
argues that in a diverse federation where the nature of the federal
system is contested the courts should facilitate negotiation
between conflicting parties, rather than impose their own vision of
the federal system. Drawing on a comprehensive review of the
Supreme Court federalism jurisprudence between 1980 and 2010, he
demonstrates that the court has increasingly adopted this approach
of facilitating negotiation by acknowledging the legitimacy of
different understandings of the Canadian federation. This book will
be required reading both for those interested in Canada's Supreme
Court and for those engaged in broader debates about the use of
federalism in multinational states.
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