Overview

Democracy implies the primacy of law over discretion and power. Several disciplines, in particular constitutional law and political science, offer traditional analyses of this reality. Political law is a new way of looking at the state and at statecraft. Gregory Tardi's Political Law in Canada explains that this subject matter is an interdisciplinary combination of the elements of statecraft. This book proposes a new form of analysis, one necessary to a better understanding of the modern Democratic state. It recognizes that the allure of influence and power requires a constant struggle for legality to occupy its rightful role as the cornerstone of Democracy. To achieve this, political law first examines the entire body of instruments of governance -- namely, the law of public institutions and administration, policy instruments, and political instruments. It compares and contrasts the impact of each, based on the binding nature of each type of instrument. Political Law in Canada adds to the understanding of public life by approaching the various instruments as the appropriate vehicles for Democratic governing, rather than merely as constraints on the use of power. It deals with elections; the legislative, executive, and judicial branches; and the accountability to law. The aim of political law is to offer to citizens greater understanding of the conduct of public affairs and of their role as knowledgeable participants in it.

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9781552216415

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Gregory Tardi's new book is so timely and important. . . . It is essential reading for those concerned over the need to defend and improve the functioning of democratic political institutions worldwide in the third decade of the twenty-first century.--From the Foreword by Honourable Justice Patrick J. Monahan, Ontario Superior Court of Justice

Author Information

Gregory Tardi, BCL, LLB, DJur, is the general editor of the Understanding Canada Collection. He is a member of the Barreau du Québec and serves both as president of the Institute of Parliamentary and Political Law and as editor of the Journal of Parliamentary and Political Law. He has served as legal counsel with Elections Canada and at the House of Commons. He has taught at McGill, York and Queen's universities and is the author of several books, including The Theory and Practice of Political Law and Anatomy of an Election. Patrick Monahan is Deputy Attorney General of Ontario and a Professor of Law (on leave) from Osgoode Hall Law School of York University, where he served as Dean from 2003-2009. He also served as Vice President Academic and Provost of York University from 2009-2012. He has written widely on constitutional and public policy issues and was awarded the David Mundell Medal for excellence in legal writing in 2008.

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