Sharpening the Dialogue Debate: The Next Decade of Scholarship

Osgoode Hall Law Journal, Vol. 45, p. 169, 2007

23 Pages Posted: 27 Jul 2008

See all articles by Kent Roach

Kent Roach

University of Toronto - Faculty of Law

Date Written: July 25, 2008

Abstract

The first part of this commentary examines the roles of coordinate construction in which legislatures act on their own interpretation of the constitution, second look cases in which the courts judge the constitutionality of a legislative reply to a judicial decision, and various constitutional remedies. The second part examines some differences in emphasis between the author's approach to dialogue and that taken by Hogg and his co-authors with respect to the justification of the judicial role in the dialogue, the relation between Charter dialogue and common law constitutionalism, and the proper interpretive approach to section 7 of the Charter. Three areas that may be a productive focus for the next decade of scholarship about institutional dialogue are outlined. They involve comparative studies, dialogue in the post 9/11 environment and increased study of the legislative role in dialogue.

Suggested Citation

Roach, Kent, Sharpening the Dialogue Debate: The Next Decade of Scholarship (July 25, 2008). Osgoode Hall Law Journal, Vol. 45, p. 169, 2007, Available at SSRN: https://ssrn.com/abstract=1177403

Kent Roach (Contact Author)

University of Toronto - Faculty of Law ( email )

Toronto, Ontario M5S 1A1
Canada
416-946-5645 (Phone)
416-978-2648 (Fax)

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