Policy Change, Courts, and the Canadian Constitution

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Emmett Macfarlane
University of Toronto Press, Oct 29, 2018 - LAW - 464 pages
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Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy.

While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

 

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Contents

Judicial Policy Impact in Canada
3
Approaches and Theories of Policy Change
19
Institutional Contexts
79
Policy Issues
167
Policy Influence and Its Limits Assessing the Power of Courts and the Constitution
395
Selected Bibliography
413
Contributors
435
Index
437
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About the author (2018)

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

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