The Judicial Role in a Diverse Federation

Lessons from the Supreme Court of Canada

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book The Judicial Role in a Diverse Federation by Robert  Schertzer, University of Toronto Press, Scholarly Publishing Division
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Author: Robert Schertzer ISBN: 9781487510633
Publisher: University of Toronto Press, Scholarly Publishing Division Publication: May 9, 2016
Imprint: Language: English
Author: Robert Schertzer
ISBN: 9781487510633
Publisher: University of Toronto Press, Scholarly Publishing Division
Publication: May 9, 2016
Imprint:
Language: English

In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states.

Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation.

This book will be required reading both for those interested in Canada’s Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states.

Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation.

This book will be required reading both for those interested in Canada’s Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.

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