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portada Seeking the Court's Advice: The Politics of the Canadian Reference Power
Type
Physical Book
Publisher
Author
Year
2019
Language
English
Pages
248
Format
Paperback
ISBN13
9780774861113
Categories

Seeking the Court's Advice: The Politics of the Canadian Reference Power

Kate Puddister (Author) · Ubc Press · Paperback

Seeking the Court's Advice: The Politics of the Canadian Reference Power - Kate Puddister

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Delivery: 04 Sep - 14 Sep Shipping: 13 to 14 business days.
R 710
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Synopsis "Seeking the Court's Advice: The Politics of the Canadian Reference Power "

Can Parliament legalize samesex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court's Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.

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