Description
Book SynopsisSince 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
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Governing With the Charter offers a number of challenging insights into the new era of Canadian politics. The theory of multiple rights activism, the historical analysis of framers’ intent, the reconceptualization of judicial activism, and the normative implications for the future make this a most satisfying volume for the scholar of Canadian law, as well as for the general comparative courts researcher. -- David L. Weiden * Law and Politics Book Review, vol. 16, no. 6 *
Table of Contents
Acknowledgments
Acronyms
Introduction
Part 1: Democratic Activism and Constitutional Politics
1 Democracy and Judicial Review
2 Constitutional Politics and the Charter
3 Framers’ Intent and the Parliamentary Arena
Part 2: Judicial Activism and the Supreme Court of Canada
4 The Supreme Court and Police Conduct
5 Guardians of the Constitution
Part 3: Legislative Activism and the Policy Process
6 The Charter and Canadian Federalism
7 Governing with the Charter of Rights
Conclusion
Bibliography
Index
