Constitutional Pariah

Reference re Senate Reform and the Future of Parliament

By: Emmett Macfarlane

Write A Review

Hardcover | 1 April 2021

Sorry, we are not able to source the book you are looking for right now.

We did a search for other books with a similar title, however there were no matches. You can try selecting from a similar category, click on the author's name, or use the search box above to find your book.

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.

Industry Reviews

... [Macfarlane's] book provides a clear and vigorous account of the last few decades of debates over the Senate, particularly the 2014 reference to the Supreme Court about what changes Parliament can make to the Senate without seeking constitutional amendments.

-- Christopher Moore, author of Louisbourg Portraits: Life in An Eighteenth Century Garrison Town * Christopher Moore's History Blog *
If there is a better book on the challenges of constitutional change in Canada, I have yet to see it. -- Richard Albert, Faculty of Law, University of Ottawa * Alberta Law Review *
I encourage scholars to enter the conversation on the possibilities and limits of Senate Reform that Macfarlane has initiated with this dazzling book and to join the broader discussion on constitutional reform in Canada from perspectives in law, political science, and beyond. -- Richard Albert, University of Ottawa * Alberta Law Review *
Centered around the 2014 Supreme Court of Canada decision Reference re Senate Reform (2014 SSC 32), this book goes beyond a simple discussion of the decision itself and sets the context through a study of the past, present, and future of the Senate... Macfarlane lets the topic bloom out around the decision and, in the end, leaves the reader with an excellent grounding in all things Senate. -- Emily Benton, University of Ottawa * Canadian Law Library Review *

Shipping

	Standard Shipping	Express Shipping
Metro postcodes:	$9.99	$14.95
Regional postcodes:	$9.99	$14.95
Rural postcodes:	$9.99	$14.95

Orders over $79.00 qualify for free shipping.

How to return your order

At Booktopia, we offer hassle-free returns in accordance with our returns policy. If you wish to return an item, please get in touch with Booktopia Customer Care.

Additional postage charges may be applicable.