Legislating under the Charter
Parliament, Executive Power, and Rights
- Publisher
- University of Toronto Press
- Initial publish date
- Apr 2023
- Category
- Canadian, Constitutional, Social Policy
-
Hardback
- ISBN
- 9781487552442
- Publish Date
- Apr 2023
- List Price
- $95.00
-
Paperback / softback
- ISBN
- 9781487554538
- Publish Date
- Apr 2023
- List Price
- $39.95
-
eBook
- ISBN
- 9781487558178
- Publish Date
- Mar 2023
- List Price
- $39.95
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Description
Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms.
Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage.
The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.
About the authors
Emmett Macfarlane is an assistant professor of political science at the University of Waterloo. He is a regular contributor to Maclean's, the Globe and Mail, and the Institute for Research on Public Policy's Policy Options.
Emmett Macfarlane's profile page
Janet L. Hiebert is a professor emeritus of political studies at Queen’s University.
Anna Drake is an assistant professor of political science at the University of Waterloo.
Other titles by
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Reflections on Charter Rights, Reconciliation, and Change
Dilemmas of Free Expression
Constitutional Pariah
Reference re Senate Reform and the Future of Parliament
Policy Change, Courts, and the Canadian Constitution
Policy Change, Courts, and the Canadian Constitution
Constitutional Amendment in Canada
Governing from the Bench
The Supreme Court of Canada and the Judicial Role
