Seeking the Court's Advice -

Seeking the Court's Advice

The Politics of the Canadian Reference Power



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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.

Product code: 9780774861106

ISBN 9780774861106
Dimensions (HxWxD in mm) H229xW152
Publisher University of British Columbia Press
Series Law and Society
No. Of Pages 290
The first comprehensive analysis of the Canadian reference power, Seeking the Court's Advice examines how policy makers use the courts strategically to achieve political ends.