Legislating under the Charter: Parliament, Executive Power, and Rights
Emmett Macfarlane, "Legislating under the Charter: Parliament, Executive Power, and Rights"
English | ISBN: 1487552440 | 2023 | 264 pages | PDF | 1063 KB
English | ISBN: 1487552440 | 2023 | 264 pages | PDF | 1063 KB
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.
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