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.
Authors
- Bibliography, etc. Note
- Includes bibliographical references and index
- Control Number Identifier
- CaOOCEL
- Dewey Decimal Classification Number
- 342.71/042
- Dewey Decimal Edition Number
- 22
- General Note
- Issued as part of the desLibris books collection
- Geographic Area Code
- n-cn---
- ISBN
- 0774812117 9780774851718
- LCCN
- KE4381.5
- LCCN Item number
- K44 2005eb
- Modifying agency
- CaBNVSL
- Original cataloging agency
- CaBNVSL
- Physical Description | Extent
- 1 electronic text (xii, 323 p.)
- Published in
- Canada
- Publisher or Distributor Number
- CaOOCEL
- Rights
- Access restricted to authorized users and institutions
- System Control Number
- (CaBNVSL)mat00521803 (OCoLC)181843267 (CaOOCEL)404220
- System Details Note
- Mode of access: World Wide Web
- Transcribing agency
- CaBNVSL
Table of Contents
- Contents 8
- Acknowledgments 9
- Acronyms 12
- Introduction 16
- Part 1: Democratic Activism and Constitutional Politics 34
- 1 Democracy and Judicial Review 36
- 2 Constitutional Politics and the Charter 59
- 3 Framers’ Intent and the Parliamentary Arena 93
- Part 2: Judicial Activism and the Supreme Court of Canada 118
- 4 The Supreme Court and Police Conduct 120
- 5 Guardians of the Constitution 149
- Part 3: Legislative Activism and the Policy Process 192
- 6 The Charter and Canadian Federalism 194
- 7 Governing with the Charter of Rights 235
- Conclusion 271
- Notes 279
- Bibliography 315
- Index 330
- A 330
- B 330
- C 330
- D 332
- E 332
- F 332
- G 332
- H 332
- I 332
- J 332
- K 333
- L 333
- M 333
- N 333
- O 333
- P 334
- Q 334
- R 334
- S 335
- T 335
- U 336
- V 336
- W 336
- Y 336
