Reference Cases/The Judicial Advisory Process and Federalism (Research Paper Sample)
Make a case against the use of reference cases/judicial advisory opinions in intergovernmental relations and conflict resolution in Canada!
1. Your paper should focus on the Senate, Patriation, Quebec Veto and Quebec Secession references (especially the Patriation and Quebec Secession references)
2. Your paper should be 12 pages, double-spaced, Times New Roman, 12 font (including 10 font footnotes--not endnotes), that is about 3000 words.
3 Reference material: approximately 3 or 4 texts and 7 to 10 scholarly articles on the subject (use as many sources as you deem necessary)
4. Start with my article (in the Journal of Parliamentary and Political Law) on the course’s reading list, use the other readings we have discussed and, of course, feel free to use additional references that you yourself have found.
Basically your making a case against the use of reference cases/judicial advisory opinions in intergovernmental relations and conflict resolution in Canada!
i'm going to attach some articles and couple of chapters from some textbooks that are going to help alot. Please feel free to use another scholarly sources you need extra to help out.
Citations are going to be Chicago style with 10 font Chicago Style footnotes. Also include a bibliography at the end of the research paper Chicago style
Also i have attached the reference cases mentioned and the article required to start this paper
Your just have to open all the files to find which one is one as i have tried my best to label them
Thank you very much for your awesome help :)
Reference Cases/The Judicial Advisory Process and Federalism
Increasingly, Canadians consider the judiciary to be critical on policy matters. The citizens look to the judiciary, rather than the legislature for finality on critical matters affecting the country. The Westminster parliamentary system indicates that a blending of powers exemplified in the executive and legislature is the origin of law and policy. However, the increasing cases of divisive partisanship and ideological decision making make governments cautions of developing policies that can be termed by the public as controversial. This is especially true when an election is approaching. When governments find themselves handling difficult decisions on matters pertaining to public policy, they have sought the opinion of courts. They have allowed the courts to rule on the legality or constitutionality of laws including those under consideration and if need be, return those laws to the legislature for further consideration. The mechanism through which this happens is called the advisory opinion or reference question. In Canada, a reference is a duty of the Supreme Court of Canada (SCC) Act. The legislation governing the application of a reference question enables the Governor-in-Council in the appropriate legislation to pose an issue of legal-political essence with the prospect that an appropriate advisory opinion will be given and hence guide the government in the legal and constitutional aspects of the issue under discussion. While judicial advisory opinions have been widely used in Canada, they have been unable to resolve intergovernmental relations and conflict resolution amicably.
a) The Reference Power
The mechanism of reference cases is somehow unique to Canada. While the Supreme Court Act gets the reference feature from the emulation of the British common law, the UK does not use the reference power at the present. Similarly, courts in other common law jurisdictions like Australian and the United States have not been empowered to issue advisory opinions. However, it is worth noting that some states in the United States do allow the governor or the state legislature to ask questions. Similarly, civil law jurisdictions possess mechanisms to advise the government on constitutional issues, but none of them has in place the executive-centered approach applied in Canada, that reserves reference questions as the sole mandate of the executive through the Governor-in-Council. The introduction of the Supreme Court Act in 1875, the SCC, its predecessor, and the respective executives have produced more than 200 reference questions.
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