Overview

Rights and Parliamentary Systems in Canada and Beyond brings together political scientists and legal scholars to explore rights and their limitations, along with the governmental and legislative processes affecting them, within Canada's parliamentary system. It also examines how these elements shape broader institutional relationships under the Canadian Charter of Rights and Freedoms and in comparative perspective. This interdisciplinary volume offers valuable, in-depth analyses of timely issues, cases, and controversies involving rights and institutional dynamics. The book employs an array of methods, including legal analysis, qualitative case studies, content analysis, legal theory, research interviews, and policy analysis. investigates how rights-based processes influence specific policies and offers new insights into the framing of rights, including administrative law and Aboriginal treaty rights during the COVID-19 pandemic. It also explores how aspects of parliamentary democracy affect governments, legislators, and the public. The book ultimately reveals how the institutional relationships at stake operate to protect or fail to protect rights in relation to government policy objectives.

Full Product Details

Author:   Emmett Macfarlane
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 15.20cm , Height: 2.50cm , Length: 22.90cm
Weight:   0.001kg
ISBN:  

9781487559540

ISBN 10:   1487559542
Pages:   277
Publication Date:   18 July 2025
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Forthcoming
Availability:   Not yet available, will be POD  
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Table of Contents

Introduction: Governing with Rights Emmett Macfarlane 1. Rights and the Law’s Progressive Measures Grégoire Webber 2. An Honourable Parliament? Section 35 and Legislative Rights Review Minh Do 3. Limiting Charter Rights: Judicial Review in the Administrative Context Gwyneth E. Bergman 4. Before We Go to War: Human Rights and the Prerogative Power George Williams and Winsome Hall 5. A Culture of Rights or Governing like Judges?: Assessing the Trudeau Government’s Use of Charter Statements Brendan Dell and Mark S. Harding 6. The Notwithstanding Clause and National Unity in a Time of Interculturalism Andrew McDougall 7. Rights Talk and the COVID-19 Pandemic Nancy Hills and Emmett Macfarlane 8. The Political Changes and Challenges to Third Party Election Advertising in Canada Andrea Lawlor and Erin Crandall 9. Understanding the Pre-Election: An Analysis of Third Party Spending in the 2019 Federal Election Tamara A. Small 10. Courts and Parliament: Defining Police Powers Troy Riddell 11. Consequences of Weak Parliamentary Rights Review: A Study of Harper-Era Mandatory Minimum Sentencing Brendan Dell and Kate Puddister 12. Enhancing Legislative Review: A New Voice for the Legislature Chris McCorkindale and Janet Hiebert Contributors Selected Bibliography Index

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Author Information

Emmett Macfarlane is a professor in the Department of Political Science at the University of Waterloo.

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