Janet Hiebert

Janet Hiebert

Professor Emerita

She/Her

Political Studies

Professor Emerita

People Directory Affiliation Category

Janet Hiebert joined the Department of Political Studies in 1991 and retired in 2022. Her recent research project examined how devolution agreements for Scotland, Wales, and Northern Ireland influence legislative decision-making; more specifically,  how the processes and institutional dynamics for evaluating whether legislation complies with these devolution agreements constrain and influence government bills and parliamentary review.

Her most recent book, with Anna Drake and Emmett Macfarlane, is (University of Toronto Press, 2023). She is the author of several books about the Canadian Charter of Rights and Freedoms, along with numerous papers and chapters on the politics of rights and on campaign finance laws in Canada. 

She is a former president of the Canadian Political Science Association.

Selected Publications

Selected Publications

鈥淣otwithstanding the Charter:  Does Section 33 Accommodate Federalism,鈥 in Elizabeth Goodyear Grant and Kyle Hanniman, eds., Canada at 150. Federalism and Democratic Renewal, Institute of Intergovernmental Relations, (Montreal:  McGill-Queen鈥檚 University Press), 2019.

鈥淭he Charter, Policy and Political Judgment,鈥 in Emmett Macfarlane, ed., Policy Change, Courts, and the Canadian Constitution, (University of Toronto Press), 2019.

鈥淭he Charter鈥檚 Influence on Legislation.  Political Strategizing about Risk.鈥 Presidential Address to the Canadian Political Science Association, Regina. Canadian Journal of Political Science 51:4 (2018), pp. 727-747.

 鈥淧arliamentary Bills of Rights. Do They Alter the Norms of Legislative Decision-Making鈥 in Gary Jacobson and Miguel Schor (eds), Comparative Constitutional Theory, (Edward Elgar Publishing, 2018).  

鈥淰etting Bills in the Scottish Parliament for Legislative Competence,鈥 with Christopher McCorkindale, Edinburgh Law Review 21:3 (2017), pp. 319-351.

鈥淭he Notwithstanding Clause and Charter Compliance: Why Infrequent use should not be equated with Charter Compliance,鈥 in Nathalie Des Rosiers, Patrick Macklem and Peter Oliver (eds), Oxford Handbook of the Canadian Constitution, (Oxford University Press, 2017).

The Court and the Charter: Leading Cases, second edition, with Peter Russell, Rainer Knopff and Tom Bateman (Emond Montgomery Publications, 2017).

The Court and the Constitution: Leading Cases, second edition, with Peter Russell, Rainer Knopff and Tom Bateman (Emond Montgomery Publications, 2017).

Parliamentary Bills of Rights: The New Zealand and United Kingdom Experiences, co-authored with James B. Kelly (Cambridge University Press, 2015).

鈥淟egislative Rights Review: Addressing the Gap between Ideals and Constraints鈥 in Murray Hunt, Hayley Hooper and Paul Yowell (eds.) Parliament and Human Rights: Redressing the Democratic Deficit,  (Oxford: Hart Publishing, 2015).

鈥淭he HRA: Ambiguity about Parliamentary Sovereignty鈥 (2013) 14:12 German Law Journal, pp. 2251-2254.

鈥淭he Courts/Parliament Trade-off: Canadian Attitudes on Judicial Influence on Public Policy鈥 with Elizabeth Goodyear Grant and J. Scott Matthews, 51:3 Commonwealth and Comparative Politics (2013), pp. 377-397  R.

鈥淧arliamentary Engagement with the Charter: Rethinking the Idea of Legislative Rights Review鈥 58 Supreme Court Law Review, second series (2012), pp. 87-107.

鈥淕overning under the Human Rights Act. The Limitations of Wishful Thinking鈥 Public Law (2012), pp. 29-46.

鈥淪cholarly Debates about the Charter/Federalism Relationship:  A Case of Two Solitudes鈥 co-written with Jeremy Clarke, in The Federal Idea. Essays in Honour of Ronald L. Watts, in Thomas J. Courchene et al (eds.), (Montreal:  McGill-Queen鈥檚 University Press, 2011), pp. 77-98.

Charter Conflicts: What is Parliament鈥檚 Role? (McGill-Queen鈥檚 University Press, 2002) 285 pp. (Short-listed in 2002 for the Donald Smiley Prize for best book on the study of government and politics in Canada). (Second printing in paperback May 2004).

Limiting Rights: The Dilemma of Judicial Review (McGill-Queen鈥檚 University Press, 1996).\