Senate Reform Proposals in Comparative Perspective


Book Description

"This paper reviews a representative selection of major proposals for reform of the Canadian Senate, in order to take stock of what has been achieved during the several cycles of public and political interest thus far provoked by this issue. ... Following a historical overview of Canadian Senate reform initiatives, this paper compares a representative selection of major reform proposals under four headings: method of selection, electoral system, distribution of seats and powers. A concluding section on evolving views of the purpose of the Canadian Senate makes some general observations about the shifting assumptions and expectations among Canadians in the various regions concerning the Senate"--Introduction.




Electing the Senate


Book Description

How U.S. senators were chosen prior to the Seventeenth Amendment—and the consequences of Constitutional reform From 1789 to 1913, U.S. senators were not directly elected by the people—instead the Constitution mandated that they be chosen by state legislators. This radically changed in 1913, when the Seventeenth Amendment to the Constitution was ratified, giving the public a direct vote. Electing the Senate investigates the electoral connections among constituents, state legislators, political parties, and U.S. senators during the age of indirect elections. Wendy Schiller and Charles Stewart find that even though parties controlled the partisan affiliation of the winning candidate for Senate, they had much less control over the universe of candidates who competed for votes in Senate elections and the parties did not always succeed in resolving internal conflict among their rank and file. Party politics, money, and personal ambition dominated the election process, in a system originally designed to insulate the Senate from public pressure. Electing the Senate uses an original data set of all the roll call votes cast by state legislators for U.S. senators from 1871 to 1913 and all state legislators who served during this time. Newspaper and biographical accounts uncover vivid stories of the political maneuvering, corruption, and partisanship—played out by elite political actors, from elected officials, to party machine bosses, to wealthy business owners—that dominated the indirect Senate elections process. Electing the Senate raises important questions about the effectiveness of Constitutional reforms, such as the Seventeenth Amendment, that promised to produce a more responsive and accountable government.




The Senate and the People of Canada


Book Description

The Senate of Canada is the upper house of its parliamentary system. It is an appointed legislative chamber that has been frequently derided for its apparent lack of effective activity, its failure to represent Canada’s federal system, and the perceived lack of accountability among its members. Reform of the Senate persists as one of the most contentious issues in the country. Typical reform proposals begin with the assumption that it must become an elected body that primarily represents Canada’s provinces and can serve as an effective check on the federal government and the House of Commons. This book challenges those assumptions through a thorough analysis that places the Senate within the context of other parliamentary upper houses. It presents a hypothetical constitutional amendment and a proposal for non-constitutional reform that are based upon alternative models derived from that broader context. The book ultimately recommends a Senate that remains unelected but with a more expansive appointment process that more appropriately reflects the optimal role of a parliamentary upper house as well as the diversity, regional aspirations, and political principles of Canadian democracy.




Constitutional Pariah


Book Description

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.




Electoral College Reform


Book Description

Contents: (1) Intro.; (2) Competing Approaches: Direct Popular Election v. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado Amendment 36; (8) 2007-2008: The Presidential Reform Act (California Counts); (9) 2006-Present: National Popular Vote -- Direct Popular Election Through an Interstate Compact; Origins; The Plan; National Popular Vote, Inc.; Action in the State Legislatures; States That Have Approved NPV; National Popular Vote; (10) Prospects for Change -- An Analysis; (11) State Action -- A Viable Reform Alternative?; (12) Concluding Observations.




The Direct Primary


Book Description




Comparative Constitutional Law


Book Description

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.




Platypus and Parliament


Book Description

A systematic examination of how the Senate actually operates covering topics which include the design and operation of Australia's system of government, an analysis of the confrontation betwen the Senate and the house of Representatives in 1975, proposals for reform, the republican debate, minority parties and the balance of power.




How Our Laws are Made


Book Description




Canadian Federalism and Its Future


Book Description

The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.