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The Canadian Senate in Bicameral Perspective is the first book-length scholarly study of the Senate in over a quarter century and the first such analysis of the upper house as one chamber of a bicameral legislature. David E. Smith's aim is to demonstrate the inter-relationship of the two chambers and the constraint this poses for Senate reform. He analyzes past literature on the Senate and current proposals for reform such as Triple-E Senate drawing detailed comparisons between Canada's upper chamber and the upper chambers of Australia, the United States, Germany, and the United Kingdom. There is a revival of interest and literature abroad in upper chambers and also in bicameralism. Using Parliamentary debates and committee reports, as well as a broad reading of comparative literature, The Canadian Senate in Bicameral Perspective sets the Canadian Senate into this international milieu, contextualizing the debate and arguing for a renewed investigation into its future.
The Canadian Senate in Bicameral Perspective sets the Canadian Senate into this international milieu, contextualizing the debate and arguing for a renewed investigation into its future.
Canada's representative democracy is confronting important challenges. At the top of the list is the growing inability of the national government to perform its most important roles: namely mapping out collective actions that resonate in all regions as well as enforcing these measures. Others include Parliament's failure to carry out important responsibilities, an activist judiciary, incessant calls for greater transparency, the media's rapidly changing role, and a federal government bureaucracy that has lost both its way and its standing. Arguing that Canadians must reconsider the origins of their country in order to understand why change is difficult and why they continue to embrace regional identities, Democracy in Canada explains how Canada's national institutions were shaped by British historical experiences, and why there was little effort to bring Canadian realities into the mix. As a result, the scope and size of government and Canadian federalism have taken on new forms largely outside the Constitution. Parliament and now even Cabinet have been pushed aside so that policy makers can design and manage the modern state. This also accounts for the average citizen's belief that national institutions cater to economic elites, to these institutions' own members, and to interest groups at citizens' own expense. A masterwork analysis, Democracy in Canada investigates the forces shaping the workings of Canadian federalism and the country's national political and bureaucratic institutions.
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.
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.
Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.
The Paradox of Parliament provides a comprehensive analysis of all aspects of Parliament in order to explain the paradoxical expectations placed on the institution. The book argues that Parliament labours under two different "logics" of its purpose and primary role: one based on governance and decision-making and one based on representation and voice. This produces a paradox that is common to many legislatures, but Canada and Canadians particularly struggle to recognize and reconcile the competing logics. In The Paradox of Parliament, Jonathan Malloy discusses the major aspects of Parliament through the lens of these two competing logics to explain the ongoing dissatisfaction with Parliament and perennial calls for parliamentary reform. It focuses on overarching analytical themes rather than exhaustive description. It centres people over procedure and theory, with strong emphasis given to dimensions of gender, race, and additional forms of diversity. Arguing for a holistic and realistic understanding of Parliament that recognizes and accepts that Parliament evolves and adapts, The Paradox of Parliament puts forward an important and novel interpretation of the many facets of Parliament in Canada.
Situated between two different constitutional traditions, those of the United Kingdom and the United States, Canada has maintained a distinctive third way: federal, parliamentary, and flexible. Yet in recent years it seems that Canadian constitutional culture has been moving increasingly in an American direction. Through the prorogation crises of 2008 and 2009, its senate reform proposals, and the appointment process for Supreme Court judges, Stephen Harper’s Conservative government has repeatedly shown a tendency to push Canada further into the US constitutional orbit. Red, White, and Kind of Blue? is a comparative legal analysis of this creeping Americanization, as well as a probing examination of the costs and benefits that come with it. Comparing British, Canadian, and American constitutional traditions, David Schneiderman offers a critical perspective on the Americanization of Canadian constitutional practice and a timely warning about its unexamined consequences.
This book provides a concise explanation of the fundamental principles and primary institutions of the Canadian political regime.
This first in-depth analysis of Canada's Senate in 40 years.