Autorentext

Emmett Macfarlane is a professor in the Department of Political Science at the University of Waterloo.

Klappentext

Rights and Parliamentary Systems in Canada and Beyond brings together political scientists and legal scholars to explore rights and their limitations, along with the governmental and legislative processes affecting them, within Canada's parliamentary system. It also examines how these elements shape broader institutional relationships under the Canadian Charter of Rights and Freedoms and in comparative perspective.
This interdisciplinary volume offers valuable, in-depth analyses of timely issues, cases, and controversies involving rights and institutional dynamics. The book employs an array of methods, including legal analysis, qualitative case studies, content analysis, legal theory, research interviews, and policy analysis.
With a forward-looking perspective, Rights and Parliamentary Systems in Canada and Beyond investigates how rights-based processes influence specific policies and offers new insights into the framing of rights, including administrative law and Aboriginal treaty rights during the COVID-19 pandemic. It also explores how aspects of parliamentary democracy affect governments, legislators, and the public. The book ultimately reveals how the institutional relationships at stake operate to protect – or fail to protect – rights in relation to government policy objectives.

Zusammenfassung
This interdisciplinary collection, this book examines institutional relationships in relation to rights and the actors, laws, and constitutional structures that serve to protect them.

Inhalt

Introduction: Governing with Rights
Emmett Macfarlane

1. Rights and the Law's Progressive Measures
   Grégoire Webber

2. An Honourable Parliament? Section 35 and Legislative Rights Review
   Minh Do

3. Limiting Charter Rights: Judicial Review in the Administrative Context
   Gwyneth E. Bergman

4. Before We Go to War: Human Rights and the Prerogative Power
   George Williams and Winsome Hall

5. A Culture of Rights or Governing like Judges?: Assessing the Trudeau Government's Use of Charter Statements
   Brendan Dell and Mark S. Harding

6. The Notwithstanding Clause and National Unity in a Time of Interculturalism
   Andrew McDougall

7. Rights Talk and the COVID-19 Pandemic
   Nancy Hills and Emmett Macfarlane

8. The Political Changes and Challenges to Third Party Election Advertising in Canada
   Andrea Lawlor and Erin Crandall

9. Understanding the Pre-Election: An Analysis of Third Party Spending in the 2019 Federal Election
   Tamara A. Small

10. Courts and Parliament: Defining Police Powers
    Troy Riddell

11. Consequences of Weak Parliamentary Rights Review: A Study of Harper-Era Mandatory Minimum Sentencing
    Brendan Dell and Kate Puddister

12. Enhancing Legislative Review: A New Voice for the Legislature
    Chris McCorkindale and Janet Hiebert

    Contributors
    Selected Bibliography
    Index