Constitutional Pariah: Reference re Senate Reform and the Future of Parliament

The Canadian Senate has been viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament and resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. However, the decision has far-reaching implications for constitutional reform in other contexts, as Macfarlane's sharp critique suggests that the Courts nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.

Format: Paperback / softback
Length: 198 pages
Publication date: 26 May 2021
Publisher: University of British Columbia Press

The Canadian Senate has long been viewed as an institutional outcast, an undemocratic relic from a bygone era, plagued by patronage appointments, spending scandals, and overwhelming workload. In 2014, the federal government was forced to seek guidance from the Supreme Court regarding its attempts to introduce senatorial elections and term limits.

Constitutional Pariah delves into the aftermath of Reference re Senate Reform, a landmark decision that barred Parliament from making significant unilateral changes to the Senate. Surprisingly, this ruling led to one of the most comprehensive parliamentary reforms in Canadian history, opening up a pathway for informal adjustments to the appointment process, which have curbed patronage and partisanship.

While the reinvigoration of the Senate has brought about positive changes, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane's critical analysis raises concerns about the Court's ambiguous approach to the amending formula, which could lead to a frozen constitution that fails to adapt to the evolving needs of the country.

The Canadian Senate has faced significant criticism and scrutiny over the years, with many calling for its reform or abolition. However, the recent developments surrounding Reference re Senate Reform offer a glimmer of hope for a more democratic and accountable Senate. It remains to be seen how these changes will unfold and whether they will ultimately lead to a more inclusive and representative Canadian government.

Weight: 296g
Dimension: 140 x 214 x 22 (mm)
ISBN-13: 9780774866224