Dialogue Theory, Judicial Review and Judicial Supremacy: A Comment on 'Charter Dialogue Revisited'

Carissima Mathen 

University of Ottawa - Faculty of Law (Common Law)
2007

(2007) 45 Osgoode Hall Law Journal 125 
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.

Number of Pages in PDF File: 22

Keywords: Charter of Rights, Constitution of Canada, judicial review, Supreme Court of Canada, rights, dialogue

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2221383