The Judicial Role in a Diverse Federation: Lessons from the Supreme Court of Canada

Awards:   Short-listed for Canadian Political Science Association Donald Smiley Prize 2017 Short-listed for Donald Smiley Prize awarded by the Canadian Political Science Association 2017 (Canada) Shortlisted for Canadian Political Science Association Donald Smiley Prize 2017.
Author:   Robert Schertzer
Publisher:   University of Toronto Press
ISBN:  

9781487500283


Pages:   352
Publication Date:   08 April 2016
Format:   Hardback
Availability:   Temporarily unavailable   Availability explained
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The Judicial Role in a Diverse Federation: Lessons from the Supreme Court of Canada


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Awards

  • Short-listed for Canadian Political Science Association Donald Smiley Prize 2017
  • Short-listed for Donald Smiley Prize awarded by the Canadian Political Science Association 2017 (Canada)
  • Shortlisted for Canadian Political Science Association Donald Smiley Prize 2017.

Overview

In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada's Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.

Full Product Details

Author:   Robert Schertzer
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 16.40cm , Height: 2.70cm , Length: 23.60cm
Weight:   0.660kg
ISBN:  

9781487500283


ISBN 10:   1487500289
Pages:   352
Publication Date:   08 April 2016
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Temporarily unavailable   Availability explained
The supplier advises that this item is temporarily unavailable. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out to you.

Table of Contents

Introduction Part One: The Theory and Practice of Managing Diversity via Federalism Ch 1. The Problem of National Minorities and the Solution of Federalism Ch 2. The Role of the Federal Arbiter in a Diverse Federation Part Two: The SCC's Federalism Jurisprudence, 1980 to 2010 Ch 3. Investigating the SCC's Federalism Jurisprudence Ch 4. The Exemplar of the Secession Reference Ch 5. The SCC's Imposing Federalism Jurisprudence Ch 6. A Federalism Jurisprudence of Recognition Conclusion

Reviews

`I thoroughly enjoyed Schertzer's work, and would not hesitate to recommend it to anyone.' -- Alex Laird * Saskatchewan Law Review vol 81: 2018 *


Author Information

Robert Schertzer is an assistant professor in the Department of Political Science at the University of Toronto Scarborough.

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