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Dialogue Theory, Judicial Review and Judicial Supremacy: A Comment on 'Charter Dialogue Revisited'
| Content Provider | Semantic Scholar |
|---|---|
| Author | Mathen, Carissima |
| Copyright Year | 2007 |
| Abstract | In 2007, the Osgoode Hall Law Journal invited Peter Hogg (and co-authors) to revisit his highly influential 1997 article in which he proposed that in its Charter jurisprudence the Supreme Court of Canada often engages in a "dialogue" with the legislature. The author was one of several commentators asked to respond to Hogg's assessment and defence of his original work. This article suggests that the dialogue metaphor, while intuitively appealing, is difficult to justify both in terms of the structure of the Canadian constitution, and the Supreme Court's own understanding of its role. |
| Starting Page | 125 |
| Ending Page | 146 |
| Page Count | 22 |
| File Format | PDF HTM / HTML |
| Volume Number | 45 |
| Alternate Webpage(s) | http://www.carissimamathen.ca/wp-content/uploads/2013/04/Dialogue-Theory-and-Jud-Supremacy.pdf |
| Alternate Webpage(s) | https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1258&context=ohlj&httpsredir=1&referer= |
| Alternate Webpage(s) | https://doi.org/10.2139/ssrn.2221383 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
