The Canadian Reference Power
Delegation to the Courts and the Navigation of Federalism
Dados Bibliográficos
| ID | 6375397 |
|---|---|
| Autores | Kate Puddister (0000-0002-1677-1147, University of Guelph) |
| Ano | 2019 |
| Volume | 49 |
| Fascículo | 4 |
| Páginas | 561-586 |
| Data de publicação | 2019-09-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Publius The Journal of Federalism (JOURNAL) |
| Identificadores do periódico | ISSN: 0048-5950 • E-ISSN: 1747-7107 |
| Editora | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/publius/pjy034 |
| OpenAlex | W2894311746 |
| Idioma | EN |
| Citações recebidas | 2 |
| Referências citadas | 38 |
The Canadian reference power allows governments to ask appellate courts for an advisory opinion without a live dispute. Reference cases have been an important element of Canadian federalism since their creation in 1875 but have not been subject to a comprehensive analysis. Shifting the focus to understanding government decisions to rely on the courts to navigate federalism, this article has two objectives. First, through analysis of an original dataset of Canadian appellate reference cases from 1875 to 2017, the article provides an examination of how references have been used by governments, with particular attention to issues related to federalism. Second, the article considers how the reference power can be employed as a political strategy by governments. The reference power demonstrates clear support for the blame avoidance and credit-claiming thesis and provides compelling evidence on how the dynamics of intergovernmental relations can shape a government’s decision to delegate decision-making to the courts
Blame · Delegate · Delegation · Federalism · Government (linguistics · Law and economics · New Federalism · Political science · Politics · Power (physics · Sociology · Criminal Law and Evidence · Judicial and Constitutional Studies · Legal principles and applications · Psychology · Law · Public Administration
William Lyon Mackenzie King, Volume III, 1932-1939
Judicial Review in New Democracies
Governing with Judges
Political Foundations of Judicial Supremacy
Government Use of Strategic Litigation
Accommodating Cultural Diversity
Judicial Review as a Response to Political Posturing
Minority government and senior government officials
The courts/parliament trade-off
The Nonmajoritarian Difficulty
The Supreme Court and Federal-Provincial Relations
Comparative Analysis of Federal High Courts
Reconciling Rights and Federalism during Review of the Charter of Rights and Freedoms
The Origins of Judicial Review in Canada
Legislative choice of regulatory forms
The Federal Constitutional Court
Courts and Federalism
Shaping the Constitutional Dialogue on Federalism
Intergovernmental Relations in Canada
State Litigation during the Obama Administration
The Effect of the Charter of Rights on Canadian Federalism
The Constituted Nature of Constituents’ Interests
The Politics of Blame Avoidance
The Changing Nature of Public Support for the Supreme Court of Canada
Strategic Legitimacy Cultivation at the Supreme Court of Canada
The Governments and Societies of Canadian Federalism
The Influence of Judicial Uncertainty on Executive Support for Negotiation in Canadian Land Claims Policy
The Judicialization of Mega-Politics and the Rise of Political Courts
Canadian Federalism in Design and Practice
Why Does the Federal Government Appeal to the Supreme Court of Canada in Charter of Rights Cases? A Strategic Explanation
| Obras citantes distintas | 2 |
|---|---|
| Citações por ano | 0,5 |
| Intervalo de citações | 2022 - 2025 (4) |
| Velocidade de citação | recent |
| Altamente citado | Não |
| Tipos de citação | Neutras: 2 |