Canadian Constitutional Conventions: The Marriage of Law and Politics

Paperback | January 13, 2014

byAndrew Heard

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Drawing on perspectives from both law and political science, Canadian Constitutional Conventions surveys the rich landscape of the unwritten rules that affect the constitution and play a vital role in our political system. Thoroughly revised and up to date, the second edition is essentialreading for students of Canadian democracy as well as professionals working in this country's legal and political realms.

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Drawing on perspectives from both law and political science, Canadian Constitutional Conventions surveys the rich landscape of the unwritten rules that affect the constitution and play a vital role in our political system. Thoroughly revised and up to date, the second edition is essentialreading for students of Canadian democracy as we...

Andrew Heard, associate professor, Department of Political Science, Simon Fraser University, held a Canadian Parliamentary Internship before obtaining his Master's from the London School of Economics, and Ph.D. from the University of Toronto. He has previously taught at Dalhousie and at Rhodes University in South Africa, where he was ...

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Format:PaperbackDimensions:304 pages, 9 × 6 × 0.62 inPublished:January 13, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195431820

ISBN - 13:9780195431827

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Table of Contents

Preface1. The Role and Nature of ConventionsThe Nature of ConventionsThe Genesis of Conventional RulesThree Views of ConventionsConventions as Rules of Critical MoralityLaw and ConventionThe Task Ahead2. Conventions of the Governors' PowersThe Office of the Governor GeneralThe Conventions of OfficeThe Governors' Reserve PowersThe Power of AppointmentThe Power of DismissalThe Power to Dissolve, Summon, and Prorogue the LegislatureThe Refusal of AdviceThe Removal of a GovernorConclusions3. Cabinet, Ministers, and the Civil ServiceCabiniet FormationResponsible GovernmentIndividual ResponsibilityPolitical Neutrality and Anonymity of Civil ServantsCollective ResponsibilityConclusions4. The LegislaturesParty Government and Party DisciplineThe Party Caucus: Discipline and DefectionParty Government, Legislatures, and the Charter of RightsThe SenateThe Senate and Bills Passed by the House of CommonsThe Requirement of Identical BillsConclusions5. FederalismReservation and Disallowance of Provincial LegislationThe Position of Lieutenant GovernorFederalism in Central InstitutionsIntergovernmental ConferencesFederal-Provincial Consultations and AgreementsProblems with the Jennings Test in the Patriation ReferenceConclusions6. The JudiciaryRemoval of the JudgesJudicial ImmunityThird-Party Interference in AdjudicationLimitations on the Activities of JudgesThe Appointment of JudgesJudicial Independence Reviewed7. The Variety and Character of ConventionsVariations among the Informal Constitutional RulesVarying Factors of ConventionsCategories of Conventional RulesCodifying Conventional RulesLaw and Convention RevisitedConclusionsAppendix: Online Links to Constitutional DataNotesIndex

Editorial Reviews

"Heard is an expert in the field, and en route to becoming the expert, if he is not already." -Jennifer Smith, Dalhousie University