Since the introduction of the Canadian Charter of Rights and Freedoms
in 1982, the question of judicial power and its relationship to
parliamentary democracy has been an important one in Canadian
politics. Some critics, suspicious of what they perceive as the
"activism" of "unelected and unaccountable" judges, view the increased
power of the Supreme Court as a direct challenge to parliament. But
has parliamentary democracy been weakened by judicial responses to the
Charter? In Governing with the Charter, James Kelly clearly
demonstrates that our current democratic deficit is not the result of
the Supreme Court’s judicial activism. On the contrary, an activist
framers’ intent surrounds the Charter, and the Supreme Court has
simply, and appropriately, responded to this new constitutional
environment. While the Supreme Court is admittedly a political actor,
it is not the sole interpreter of the Charter, as the court, the
cabinet, and bureaucracy all respond to the document, which has
ensured the proper functioning of constitutional supremacy in Canada.
Kelly analyzes the parliamentary hearings on the Charter and also
draws from interviews with public servants, senators, and members of
parliament actively involved in appraising legislation to ensure that
it is consistent with the Charter. He concludes that the principal
institutional outcome of the Charter has been a marginalization of
Parliament and that this is due to the Prime Minister’s decision on
how to govern with the Charter. A significant contribution to law and
society studies, Governing with the Charter will be widely read by
political scientists, legal scholars, parliamentarians, public
servants, and students of the machinery of government.
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Legislative and Judicial Activism and Framers' Intent
Produktdetaljer
ISBN
9780774851718
Publisert
2020
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter