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.




Constitutional Odyssey


Book Description

Constitutional Odyssey is an account of the politics of making and changing Canada's constitution from Confederation to the present day. Peter H. Russell frames his analysis around two contrasting constitutional philosophies – Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed. The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Russell adds a new preface, and a new chapter on constitutional politics since the defeat of the Charlottetown Accord in 1993. He also looks at the 1995 Quebec Referendum and its fallout, the federal Clarity Act, Quebec's Self-Determination Act, the Agreement on Internal Trade, the Social Union Framework Agreement and the Council of the Federation, progress in Aboriginal self-determination such as Nunavut and the Nisga'a Agreement, and the movement to reduce the democratic deficit in parliamentary government. Comprehensive and eminently readable, Constitutional Odyssey is as important as ever.




The Persons Case


Book Description

On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.




Government and Politics in Alberta


Book Description

Alberta's politics are changing in response to powerful economic, social and political forces. The contributors focus on developments since the election of the Progressive Conservatives in 1971.




Our Scandalous Senate


Book Description

Rocked by extremely public scandals at the highest levels of power, the Canadian Senate is an institution on the defensive. As the upper chamber starts to look more and more like a comfortable private club for has-beens, the real scandal is that the Senate exists at all.




Forging Alberta's Constitutional Framework


Book Description

Forging Alberta's Constitutional Framework explores the nature and development of Alberta's constitution by examining a number of celebrated cases and themes that have shaped and altered legal, social, economic, political, and cultural rights and responsibilities within Alberta and Canada. Contributors from across Canada include historians, lawyers, political scientists, and politicians writing on themes that illustrate how Alberta's constitution is the product of decades, even centuries, of contest, debate, division, and negotiation.




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.




American Carnage


Book Description

New York Times Bestseller “Not a conventional Trump-era book. It is less about the daily mayhem in the White House than about the unprecedented capitulation of a political party. This book will endure for helping us understand not what is happening but why it happened…. [An] indispensable work.”—Washington Post Politico Magazine’s chief political correspondent provides a rollicking insider’s look at the making of the modern Republican Party—how a decade of cultural upheaval, populist outrage, and ideological warfare made the GOP vulnerable to a hostile takeover from the unlikeliest of insurgents: Donald J. Trump. As George W. Bush left office with record-low approval ratings and Barack Obama led a Democratic takeover of Washington, Republicans faced a moment of reckoning: they had no vision, no generation of new leaders, and no energy in the party’s base. Yet Obama’s progressive agenda, coupled with the nation’s rapidly changing cultural identity, lit a fire under the right. Republicans regained power in Congress but spent that time fighting among themselves. With these struggles weakening the party’s defenses, and with more and more Americans losing faith in the political class, the stage was set for an outsider to crash the party. When Trump descended a gilded escalator to launch his campaign in the summer of 2015, the candidate had met the moment. Only by viewing Trump as the culmination of a decade-long civil war inside the GOP can we appreciate how he won the White House and consider the fundamental questions at the center of America’s current turmoil. Loaded with explosive original reporting and based on hundreds of exclusive interviews—including with key players such as President Trump, Paul Ryan, Ted Cruz, John Boehner, and Mitch McConnell—American Carnage takes us behind the scenes of this tumultuous period and establishes Tim Alberta as the premier chronicler of a political era.




Governing from the Bench


Book Description

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.




House of Lords reform draft bill


Book Description

This is a draft Bill and white paper on proposals to change the House of Lords into a more democratically elected second chamber. A cross-party Committee met seven times from June to December 2010 and considered all reform issues related to the House of Lords. Agreement was reached on a large number of issues but differences in opinion remain on the size of the elected element and the type of electoral system. The Government now wants to take the discussion forward to a debate on the detail. Proposals include an 80 percent elected House of Lords but a wholly elected House of Lords has not been ruled out. The Draft Bill sets out elections using the Single Transferable Vote system but it is recognised that a case can be made for other proportional systems too. Other proposals, name, size, functions, powers and term length are some of several issues discussed.