Description
Book SynopsisThe Politics of the Charter is vividly written, free of legal jargon, accessible to a broad readership, and will provoke renewed discussion about how best to achieve a more compassionate and egalitarian Canadian society.
Trade ReviewThis is a great read and an important book. For anyone interested in judicial politics, the tension between judicial review and democracy, the nature of rights or democratic theory, and how these issues have played out in the 25 years since Canada patriated its constitution, Petter's book is a must read. -- Marc Rush, Law & Politics Book Review, vol 20:10:10 'The Politics of the Charter is an important contribution to the ongoing debate about the role of rights litigation in policy-making. It reminds us that legalization of politics remains a hindrance to policy innovation, deliberative democracy, and good governance. Furthermore, it demonstrates that Petter remains one of Canada's finest legal contrarians and one of its best legal minds.' -- Dennis Baker: Canadian Public Policy' vol 37:01:2011
Table of ContentsCONTENTS Acknowledgements...4Introduction...7Chapter 1:The Politics of the Charter...26Chapter2:Charter Legitimacy on Trial: The Resistible Rise of Substantive Due Process...71Chapter 3:Private Rights/Public Wrongs: The Liberal Lie of the Charter...109Chapter 4:Canada's Charter Flight: Soaring Backwards into the Future...140Chapter 5:Rights in Conflict: The Dilemma of Charter Legitimacy...164Chapter 6:Rip Van Winkle in Charterland...190Chapter 7:Look Who's Talking Now: Dialogue Theory and the Return to Democracy...209Chapter 8:Wealthcare: The Politics of the Charter Revisited...233Chapter 9:Taking Dialogue Theory Much Too Seriously (Or Perhaps Charter Dialogue Isn't Such a Good Thing After All)...265Chapter 10:Legalise This: The Chartering of Canadian Politics...293Conclusion...321
