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The Lawmakers: Judicial Power and the Shaping of Canadian Federalism (Osgoode Society for Canadian Legal History) by John T. Saywell is a book available to read on EtoBox.

What is The Lawmakers: Judicial Power and the Shaping of Canadian Federalism (Osgoode Society for Canadian Legal History) about?

<p>The Canadian Constitution of 1867 as written should have provided the authoritative guide to the law governing the division of powers between the national and provincial governments of Canada, but by the 1940s the federal constitution was a very different document to that composed originally by John A. Macdonald and his colleagues. In this engaging and exhaustive examination of the critical role of the courts - the Judicial Committee of the Privy Council and the Supreme Court of Canada - in shaping Canadian federalism, John Saywell argues that the courts always have and still do 'make law' - law that can be largely subjective and often bears little relationship to the text or purposes of the Constitution.</p><p>Saywell begins his analysis by offering new evidence and insights on the structure of the 1867 constitution. Relying heavily on the voices of the actors themselves, his analysis moves beyond a simple examination of previously published reports and examines oral arguments before the Judicial Committee, largely from manuscripts, to determine how the Committee interacted with counsel, developed their arguments, and came to their conclusions. Critical of the jurisprudence of

Author

John T. Saywell

Publisher

Published for the Osgoode Society for Canadian Legal History by University of Toronto Press

Published

2002

Language

EN

ISBN

9780802037510

Subjects

Political Science, History, Law