Emmett Macfarlane's Books

Constitutional Pariah

Reference re Senate Reform and the Future of Parliament

By: Emmett Macfarlane

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Constitutional Pariah

Reference re Senate Reform and the Future of Parliament

By: Emmett Macfarlane

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.

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Page Count

228

Publisher

UBC Press

Published Date

ISBN 10

0774866241

ISBN 13

9780774866248

Governing from the Bench

The Supreme Court of Canada and the Judicial Role

By: Emmett Macfarlane

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Governing from the Bench

The Supreme Court of Canada and the Judicial Role

By: Emmett Macfarlane

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

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Page Count

266

Publisher

UBC Press

Published Date

ISBN 10

077482350X

ISBN 13

9780774823500

Legislating under the Charter

Parliament, Executive Power, and Rights

By: Emmett Macfarlane,Janet Hiebert,Anna Drake

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Legislating under the Charter

Parliament, Executive Power, and Rights

By: Emmett Macfarlane,Janet Hiebert,Anna Drake

Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.

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Page Count

320

Publisher

University of Toronto Press

Published Date

ISBN 10

1487558171

ISBN 13

9781487558178

Governing from the Bench

The Supreme Court of Canada and the Judicial Role

By: Emmett Macfarlane

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Governing from the Bench

The Supreme Court of Canada and the Judicial Role

By: Emmett Macfarlane

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266

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UBC Press

Published Date

ISBN 10

077482350X

ISBN 13

9780774823500

Constitutional Pariah

Reference re Senate Reform and the Future of Parliament

By: Emmett Macfarlane

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Constitutional Pariah

Reference re Senate Reform and the Future of Parliament

By: Emmett Macfarlane

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228

Publisher

UBC Press

Published Date

ISBN 10

0774866241

ISBN 13

9780774866248

Dilemmas of Free Expression

By: Emmett Macfarlane

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Dilemmas of Free Expression

By: Emmett Macfarlane

Free expression is under threat. Social media and fake news, misinformation, and disinformation have prompted governments to propose new forms of regulation that are deeply challenging to free expression. Hate speech, far-right populism, campus speech debates, and censorship consistently make headlines in Canada and abroad. Dilemmas of Free Expression offers forward-looking appraisals of ways to confront challenging moral issues, policy problems, and controversies that pay heed to the fundamental right to free expression. The essays in this volume offer timely analyses of the law, policy, and philosophical challenges, and social repercussions to our understanding of expressive freedom in relation to government obligations and public discourse. Free expression and its limits are multifaceted, deeply complex, inherently values-based, and central to the ability of a society to function. Dilemmas of Free Expression addresses the challenges of limiting free expression across a host of issues through an analyses by leading and emerging voices in a number of disciplines, including political science, law, philosophy, and Indigenous studies.

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Page Count

331

Publisher

University of Toronto Press

Published Date

ISBN 10

1487529309

ISBN 13

9781487529307

The Environmental Humanities

A Critical Introduction

By: Robert S. Emmett,David E. Nye

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The Environmental Humanities

A Critical Introduction

By: Robert S. Emmett,David E. Nye

A concise overview of this multidisciplinary field, presenting key concepts, central issues, and current research, along with concrete examples and case studies. The emergence of the environmental humanities as an academic discipline early in the twenty-first century reflects the growing conviction that environmental problems cannot be solved by science and technology alone. This book offers a concise overview of this new multidisciplinary field, presenting concepts, issues, current research, concrete examples, and case studies. Robert Emmett and David Nye show how humanists, by offering constructive knowledge as well as negative critique, can improve our understanding of such environmental problems as global warming, species extinction, and over-consumption of the earth's resources. They trace the genealogy of environmental humanities from European, Australian, and American initiatives, also showing its cross-pollination by postcolonial and feminist theories. Emmett and Nye consider a concept of place not synonymous with localism, the risks of ecotourism, and the cultivation of wild areas. They discuss the decoupling of energy use and progress, and point to OECD countries for examples of sustainable development. They explain the potential for science to do both good and harm, examine dark visions of planetary collapse, and describe more positive possibilities—alternative practices, including localization and degrowth. Finally, they examine the theoretical impact of new materialism, feminism, postcolonial criticism, animal studies, and queer ecology on the environmental humanities.

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Page Count

247

Publisher

MIT Press

Published Date

ISBN 10

0262036762

ISBN 13

9780262036764

Constitutional Amendment in Canada

By: Emmett Macfarlane

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Constitutional Amendment in Canada

By: Emmett Macfarlane

Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada.

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Page Count

348

Publisher

University of Toronto Press

Published Date

ISBN 10

1442628731

ISBN 13

9781442628731

Legislating under the Charter

Parliament, Executive Power, and Rights

By: Emmett Macfarlane,Janet Hiebert,Anna Drake

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Legislating under the Charter

Parliament, Executive Power, and Rights

By: Emmett Macfarlane,Janet Hiebert,Anna Drake

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Write a review

Solve jigsaw puzzle

Age

Page Count

320

Publisher

University of Toronto Press

Published Date

ISBN 10

1487558171

ISBN 13

9781487558178

Book's by Emmett Macfarlane

Constitutional Pariah

Constitutional Pariah

Governing from the Bench

Governing from the Bench

Legislating under the Charter

Legislating under the Charter

Governing from the Bench

Governing from the Bench

Constitutional Pariah

Constitutional Pariah

Dilemmas of Free Expression

Dilemmas of Free Expression

The Environmental Humanities

The Environmental Humanities

Constitutional Amendment in Canada

Constitutional Amendment in Canada

Legislating under the Charter

Legislating under the Charter

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