Political Law in Canada - Paperback

by Gregory Tardi (Author), Patrick J. Monahan (Foreword by)

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.

Author Biography

Gregory Tardi is a member of the Québec Bar and has served as legal counsel for Elections Canada and senior parliamentary counsel at the House of Commons.
Patrick J. Monahan is Director of the York University Centre for Public Law and Public Policy.