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Constitutional Pariah

Download or Read eBook Constitutional Pariah PDF written by Emmett Macfarlane and published by UBC Press. This book was released on 2021-04-01 with total page 228 pages. Available in PDF, EPUB and Kindle.
Constitutional Pariah
Author :
Publisher : UBC Press
Total Pages : 228
Release :
ISBN-10 : 9780774866248
ISBN-13 : 0774866241
Rating : 4/5 (48 Downloads)

Book Synopsis Constitutional Pariah by : Emmett Macfarlane

Book excerpt: 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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