株式会社極東書店トップ商品一覧Seeking the Court's Advice : The Politics of the Canadian Reference Power.

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Seeking the Court's Advice

Seeking the Court's Advice : The Politics of the Canadian Reference Power.

・ISBN 978-0-7748-6110-6 cloth

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・ISBN 978-0-7748-6111-3 paper

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著者・編者Puddister, Kate,
シリーズLaw & Society Series
出版社(U. British Columbia Pr., CN)
出版年月2019
ページ数248 pp.
言語ENG
ニュース番号<654-L1530 654-L1599>

解説

Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants - and governments often wield this power strategically. The first study of its kind, Seeking the Court's Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case - win or lose - is often secondary to the political benefits that can be attained from relying on courts through the reference power.