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Full Description
The Senate of Canada is the upper house of its parliamentary system. It is an appointed legislative chamber that has been frequently derided for its apparent lack of effective activity, its failure to represent Canada's federal system, and the perceived lack of accountability among its members. Reform of the Senate persists as one of the most contentious issues in the country. Typical reform proposals begin with the assumption that it must become an elected body that primarily represents Canada's provinces and can serve as an effective check on the federal government and the House of Commons. This book challenges those assumptions through a thorough analysis that places the Senate within the context of other parliamentary upper houses. It presents a hypothetical constitutional amendment and a proposal for non-constitutional reform that are based upon alternative models derived from that broader context. The book ultimately recommends a Senate that remains unelected but with a more expansive appointment process that more appropriately reflects the optimal role of a parliamentary upper house as well as the diversity, regional aspirations, and political principles of Canadian democracy.
Contents
Acknowledgments
Preface
Part I: Background, Theory, and Context
Chapter 1: Senatus Publiusque Canadese
Chapter 2: A Counterintuitive Approach to Senate Reform in Canada
Chapter 3: The Upper House as a Belief
Chapter 4: Historical Continuity of the Senate
Chapter 5: Assessing Reform—Neo-Institutional and Related Strategies
Part II: Application and Idealized Constitutional Reform
Chapter 6: Constitutional Amendment, Part I—Legislative Powers
Chapter 7: Constitutional Amendment, Part II—Membership, Representation, and Federalism
Chapter 8: Constitutional Amendment, Part III—Appointment, Partisanship, Diversity, Democratic Theory
Chapter 9: Constitutional Amendment, Part IV—Official Language Protection, Nomination Oversight, Structural Features
Part III: Observations and Non-Constitutional Reform
Chapter 10: Scandal and Its Constitutional Aftermath
Chapter 11: The Senate as It Is, Could Be, and Ought to Be: Non-Constitutional Reform
Appendix A: Constitution Act of 1867 in Respect of the Senate of Canada as Amended
Appendix B: An Agreement on Practices Relating to the Senate of Canada
Bibliography
About the Author
