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The judicial role in a diverse federation : lessons from the Supreme Court of Canada / Robert Schertzer.

By: Material type: TextTextPublisher: Toronto ; Buffalo ; London : University of Toronto Press, 2016Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781487510626
  • 1487510624
Subject(s): Genre/Form: Additional physical formats: Print version:: Judicial role in a diverse federation.DDC classification:
  • 342.71/04 23
LOC classification:
  • KE4275 .S34 2016eb
Online resources:
Contents:
The "problem" of national minorities and the "solution" of federalism -- The role of the federal arbiter in a diverse federation -- Investigating the SCC's federalism jurisprudence -- The exemplar of the Seccession Reference -- The SCC's imposing federalism jurisprudence -- A federalism jurisprudence of recognition.
Summary: "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."-- Provided by publisher.
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Includes bibliographical references and index.

"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."-- Provided by publisher.

Print version record.

The "problem" of national minorities and the "solution" of federalism -- The role of the federal arbiter in a diverse federation -- Investigating the SCC's federalism jurisprudence -- The exemplar of the Seccession Reference -- The SCC's imposing federalism jurisprudence -- A federalism jurisprudence of recognition.

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