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Seeking the Court’s Advice

Kate Puddister
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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.
      Format: CONTRIBUTORS: Kate Puddister EAN: 9780774861113 COUNTRY: Canada PAGES: WEIGHT: 420 g HEIGHT: 229 cm
      PUBLISHED BY: University of British Columbia Press DATE PUBLISHED: 2019-11-15 CITY: GENRE: LAW / Courts, LAW / Government / General, POLITICAL SCIENCE / Public Policy / General WIDTH: 152 cm SPINE:

      Book Themes:

      Central / national / federal government policies, Legal systems: courts and procedures, Government powers

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      Kate Puddister is an assistant professor in the Department of Political Science at the University of Guelph. She has written on a wide range of topics related to law and politics, Canadian politics, and criminal justice policy. Her work has appeared in the Canadian Journal of Law and Society, Canadian Public Administration, and Publius: The Journal of Federalism.
      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.
      Format: CONTRIBUTORS: Kate Puddister EAN: 9780774861113 COUNTRY: Canada PAGES: WEIGHT: 420 g HEIGHT: 229 cm
      PUBLISHED BY: University of British Columbia Press DATE PUBLISHED: 2019-11-15 CITY: GENRE: LAW / Courts, LAW / Government / General, POLITICAL SCIENCE / Public Policy / General WIDTH: 152 cm SPINE:

      Book Themes:

      Central / national / federal government policies, Legal systems: courts and procedures, Government powers

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      Be the first to write a review
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      Kate Puddister is an assistant professor in the Department of Political Science at the University of Guelph. She has written on a wide range of topics related to law and politics, Canadian politics, and criminal justice policy. Her work has appeared in the Canadian Journal of Law and Society, Canadian Public Administration, and Publius: The Journal of Federalism.

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