Kate Puddister – författare

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 and opposing litigants – and governments often wield this power strategically. Through a reference case, elected officials can insert the courts and the judiciary into political debates that can be both contentious and normative. Seeking the Court's Advice is the first in-depth study of the reference power, drawing on over two hundred reference cases from 1875 to 2017. With novel insight and analysis, Kate Puddister demonstrates 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.

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 and opposing litigants – and governments often wield this power strategically. Through a reference case, elected officials can insert the courts and the judiciary into political debates that can be both contentious and normative. Seeking the Court's Advice is the first in-depth study of the reference power, drawing on over two hundred reference cases from 1875 to 2017. With novel insight and analysis, Kate Puddister demonstrates 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.

Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change.This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.

Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change.This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.

This book studies the "disciplinary divides" between law and political science, including conceptual, methodological, and normative differences in how each field approaches policy, institutions, and legal phenomena. Disciplinary Divides in the Study of Law and Politics critically analyses these fault lines and proposes strategies to bridge them. The chapters identify key gaps, disagreements, and challenges in the study of law and politics through fresh empirical analyses, including studies of rights (such as Charter and Indigenous rights) and of institutional actors and processes – courts, legislatures, executives, expert witnesses, judicial selection, constitutional amendment, and government lawyers. The volume addresses a wide range of legal domains, including constitutional, administrative, immigration and refugee, federalism, and electoral law, while also highlighting areas where deeper interdisciplinary engagement is needed. Several chapters contribute to theoretical development, and many adopt a forward-looking perspective, identifying urgent research questions and setting future research agendas. Collectively, the contributions demonstrate how greater interdisciplinary collaboration can enhance our understanding of law’s relationship to power, public policy, and society.

This book studies the "e;disciplinary divides"e; between law and political science, including conceptual, methodological, and normative differences in how each field approaches policy, institutions, and legal phenomena. Disciplinary Divides in the Study of Law and Politics critically analyses these fault lines and proposes strategies to bridge them. The chapters identify key gaps, disagreements, and challenges in the study of law and politics through fresh empirical analyses, including studies of rights (such as Charter and Indigenous rights) and of institutional actors and processes - courts, legislatures, executives, expert witnesses, judicial selection, constitutional amendment, and government lawyers. The volume addresses a wide range of legal domains, including constitutional, administrative, immigration and refugee, federalism, and electoral law, while also highlighting areas where deeper interdisciplinary engagement is needed. Several chapters contribute to theoretical development, and many adopt a forward-looking perspective, identifying urgent research questions and setting future research agendas. Collectively, the contributions demonstrate how greater interdisciplinary collaboration can enhance our understanding of law's relationship to power, public policy, and society.