Rights and Parliamentary Systems in Canada and Beyond

Name: Rights and Parliamentary Systems in Canada and Beyond
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ISBN: 9781487559540

Emmett Macfarlane

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English

University of Toronto Press
26 November 2025

Politics & government; Public administration; Constitutional & administrative law

Rights and Parliamentary Systems in Canada and Beyond brings together political scientists and legal scholars to explore rights and their limitations, along with the governmental and legislative processes affecting them, within Canada's parliamentary system. It also examines how these elements shape broader institutional relationships under the Canadian Charter of Rights and Freedoms and in comparative perspective.

This interdisciplinary volume offers valuable, in-depth analyses of timely issues, cases, and controversies involving rights and institutional dynamics. The book employs an array of methods, including legal analysis, qualitative case studies, content analysis, legal theory, research interviews, and policy analysis.

investigates how rights-based processes influence specific policies and offers new insights into the framing of rights, including administrative law and Aboriginal treaty rights during the COVID-19 pandemic. It also explores how aspects of parliamentary democracy affect governments, legislators, and the public. The book ultimately reveals how the institutional relationships at stake operate to protect

or fail to protect

rights in relation to government policy objectives.

By: Emmett Macfarlane
Imprint: University of Toronto Press
Country of Publication: Canada
Dimensions: Height: 229mm, Width: 152mm, Spine: 19mm
Weight: 460g
ISBN: 9781487559540
ISBN 10: 1487559542
Pages: 292
Publication Date: 26 November 2025
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction: Governing with Rights Emmett Macfarlane 1. Rights and the Law’s Progressive Measures Grégoire Webber 2. An Honourable Parliament? Section 35 and Legislative Rights Review Minh Do 3. Limiting Charter Rights: Judicial Review in the Administrative Context Gwyneth E. Bergman 4. Before We Go to War: Human Rights and the Prerogative Power George Williams and Winsome Hall 5. A Culture of Rights or Governing like Judges?: Assessing the Trudeau Government’s Use of Charter Statements Brendan Dell and Mark S. Harding 6. The Notwithstanding Clause and National Unity in a Time of Interculturalism Andrew McDougall 7. Rights Talk and the COVID-19 Pandemic Nancy Hills and Emmett Macfarlane 8. The Political Changes and Challenges to Third Party Election Advertising in Canada Andrea Lawlor and Erin Crandall 9. Understanding the Pre-Election: An Analysis of Third Party Spending in the 2019 Federal Election Tamara A. Small 10. Courts and Parliament: Defining Police Powers Troy Riddell 11. Consequences of Weak Parliamentary Rights Review: A Study of Harper-Era Mandatory Minimum Sentencing Brendan Dell and Kate Puddister 12. Enhancing Legislative Review: A New Voice for the Legislature Chris McCorkindale and Janet Hiebert Contributors Selected Bibliography Index

Emmett Macfarlane is a professor in the Department of Political Science at the University of Waterloo.

Reviews for Rights and Parliamentary Systems in Canada and Beyond

""Rights and Parliamentary Systems in Canada and Beyond is an excellent collection, and the contributors are well versed in the relevant literatures. The volume features an excellent mix of established and early-career scholars, along with students doing interesting work alongside faculty. I particularly liked how the volume pushes the idea of rights-based review into new territory as well as the more empirically-oriented chapters. These essays, and the volume as a whole, represent significant additions to the literature."" -- Matthew Hennigar, Associate Professor of Political Science, Brock University ""Rights and Parliamentary Systems in Canada and Beyond is an excellent volume that will make a mark. All of the chapters are of an exceptionally high standard, and the volume as a whole serves as a remarkable reference on the relationship between courts, political institutions, and constitutional bills of rights. The volume’s contribution stems in no small part from its ability to provide a range of theoretical and empirical studies on the role and contestation of rights in Parliamentary democracies, with a particular focus on Canada."" -- Robert Schertzer, Associate Professor of Political Science, University of Toronto